OTTAWA CITY COUNCIL WEDNESDAY, 11 JULY 2012, 10:00 AM CENTREPOINTE STUDIO THEATRE, BEN FRANKLIN PLACE MINUTES 38 The Council of the City of Ottawa met at the Centrepointe Studio Theatre, Ben Franklin Place, 101 Centrepointe Drive, Ottawa, on 11 July 2012 beginning at 10:00 a.m. The Mayor, Jim Watson, presided and led Council in prayer. The National Anthem was performed by the Goulbourn Male Choir. Roll Call ALL MEMBERS WERE PRESENT EXCEPT COUNCILLOR M. FLEURY. Confirmation of Minutes The Minutes of the regular meeting of 27 June 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): * AMO Report to Members - Highlights of the June 2012 Board Meeting * Community Infrastructure Investment Fund Launched in Ontario Regrets Councillor M. Fleury advised he would be absent from the Council meeting of 11 July 2012. Motion to Introduce Reports MOTION NO. 38/1 Moved by Councillor M. Taylor Seconded by Councillor D. Deans That Agriculture and Rural Affairs Committee Report 21; Community and Protective Services Committee Report 15A; Finance and Economic Development Committee Reports 21B, 22 and 22A; Planning Committee Report 33A; Transit Commission Report 13A; and Transportation Committee Reports 18B and 19, be received and considered; And that the Rules of Procedure be suspended to receive and consider Finance and Economic Development Committee and Governance Renewal Sub-Committee Joint Report 1; and, Planning Committee Report 34, because of the urgency of the items contained in these reports (specific reasons set out below.) (Waiver of the Rules is being requested for Items 1 and 2 of Finance and Economic Development Committee and Governance Renewal Sub-Committee Joint Report 1 and items 1 through 15 of Planning Committee Report 34 as the next regular Council meeting is not scheduled until August 29th.) CARRIED COMMITTEE REPORTS FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 22 1. NEPEAN NATIONAL EQUESTRIAN PARK COMMITTEE RECOMMENDATIONS That Council approve: 1. The termination of City operations and programming at the Nepean National Equestrian Park (NNEP), including the termination of leasing arrangements with the National Capital Commission (NCC) for the NNEP site at 401 Corkstown Road, resulting in 2013 budget savings of $320,658 as outlined in this report; and 2. That $50,000 of the Nepean National Equestrian Park operating budget be retained to foster continued availability of affordable options for the therapeutic riding program. CARRIED with Councillors D. Holmes and K. Hobbs dissenting. 2. LANSDOWNE – HERITAGE AND ALGONQUIN INTERPRETATION AND PUBLIC ART IMPLEMENTATION PLAN COMMITTEE RECOMMENDATION That Council receive the Lansdowne Heritage and Algonquin Interpretation and Public Art Implementation Plan as outlined in this report and presented in Documents 1, 2 and 3 to this report. RECEIVED FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 22A (IN CAMERA) 3. COLLECTIVE BARGAINING - CIVIC INSTITUTE OF PROFESSIONAL PERSONNEL (CIPP) - RATIFICATION OF TENTATIVE AGREEMENT – IN CAMERA - REPORTING OUT DATE: UPON RATIFICATION OF THE AGREEMENT BY COUNCIL COMMITTEE RECOMMENDATIONS 1. That City Council ratify the tentative agreement reached with the Civic Institute of Professional Personnel (CIPP); and 2. That the terms of the tentative agreement be made public following Council approval. CARRIED FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE AND GOVERNANCE RENEWAL SUB-COMMITTEE JOINT REPORT 1 4. LOBBYIST REGISTRY - UPDATE COMMITTEE RECOMMENDATIONS AS AMENDED 1. That Council approve the establishment of a Lobbyist Registry, including the Lobbyist Code of Conduct, as described in this report, and as amended by the following, to come into effect on September 1, 2012. a) That the Lobbyist Registry By-law be amended to require disclosure by not-for-profit groups / organizations when communicating regarding a financial interest, where that not-for-profit group / organization has paid staff; b) That the definition of “grass-roots communication” in Subsection 1(4) and the provision related to the authority to grant an exemption for a grassroots lobbying campaign, specifically Section 5 (Grassroots Exemption Period), be removed from the draft Lobbyist Registry By-law; c) That the following be added to the list of exemptions in Section 4: “(11) communications directly related to those City-initiated consultative meetings and processes where an individual is participating as a stakeholder.” d) That the definition of “Communication” in the Lobbyist Registry By-law be amended to read: “Communication” means any substantive form of communication including a formal meeting, email, letter, phone call, or meaningful dialogue or exchange that materially advances a matter that is defined as lobbying, whether in a formal or in an informal setting. e) That subsection 1(5) of the draft Lobbyist Registry By-law be amended to remove the last sentence, as follows: “These communications can take place at any time, in both a formal and informal setting”. MOTION NO. 38/2 Moved by Councillor D. Deans Seconded by Councillor S. Blais WHEREAS there is a need to further clarify the proposed exemption for Advocacy communications to ensure that this exemption does not create an unintentional “loophole” in the Lobbyist Registry By-law for a “business or for-profit organization”; THEREFORE BE IT RESOLVED THAT Subsection 4(3) of the proposed by-law be amended to read as follows: (3) Advocacy communication for or against a policy or program that state a position where the primary focus is a broad community benefit or detriment, whether city-wide or local, and where that position would have no direct, indirect or perceived benefit to the business or for-profit organization on whose behalf the communication is undertaken. CARRIED MOTION NO. 38/3 Moved by Councillor P. Hume Seconded by Councillor S. Desroches WHEREAS Hydro Ottawa and Ottawa Community Housing have requested that additional clarity be provided related to their status with respect to their inclusion in the exemption of local boards from the Lobbyist Registry By-law; and WHEREAS it was intended that officials of the City and related municipal bodies, acting in their public capacity, be exempt from the Lobbyist Registry By-law; THEREFORE BE IT RESOLVED THAT subsection 3(3) of the draft Lobbyist Registry By-law be amended to read as follows: (b) Officers, directors or employees of a local board of the City and acting in their public capacity; i. For the purposes of this By-law, local board shall include those corporations of which the City is the sole shareholder, including any subsidiaries; and CARRIED Item 1 of Finance and Economic Development Committee and Governance Renewal Sub-Committee Joint Report 1 (Item 4 of the Ottawa City Council Agenda), as amended by Motion Nos. 38/2 and 38/3 and set out in full below, was then put to Council: 1. That Council approve the establishment of a Lobbyist Registry, including the Lobbyist Code of Conduct, as described in this report, and as amended by the following, to come into effect on September 1, 2012. a) That the Lobbyist Registry By-law be amended to require disclosure by not-for-profit groups / organizations when communicating regarding a financial interest, where that not-for-profit group / organization has paid staff; b) That the definition of “grass-roots communication” in Subsection 1(4) and the provision related to the authority to grant an exemption for a grassroots lobbying campaign, specifically Section 5 (Grassroots Exemption Period), be removed from the draft Lobbyist Registry By-law; c) That the following be added to the list of exemptions in Section 4: “(11) communications directly related to those City-initiated consultative meetings and processes where an individual is participating as a stakeholder.” d) That the definition of “Communication” in the Lobbyist Registry By-law be amended to read: “Communication” means any substantive form of communication including a formal meeting, email, letter, phone call, or meaningful dialogue or exchange that materially advances a matter that is defined as lobbying, whether in a formal or in an informal setting. e) That subsection 1(5) of the draft Lobbyist Registry By-law be amended to remove the last sentence, as follows: “These communications can take place at any time, in both a formal and informal setting”. f) That Subsection 4(3) of the proposed by-law be amended to read as follows: (3) Advocacy communication for or against a policy or program that state a position where the primary focus is a broad community benefit or detriment, whether city-wide or local, and where that position would have no direct, indirect or perceived benefit to the business or for-profit organization on whose behalf the communication is undertaken. g) That Subsection 3(3) of the draft Lobbyist Registry By-law be amended to read as follows: (b) Officers, directors or employees of a local board of the City and acting in their public capacity; i. For the purposes of this By-law, local board shall include those corporations of which the City is the sole shareholder, including any subsidiaries; and CARRIED 5. INTEGRITY COMMISSIONER COMMITTEE RECOMMENDATION That Council approve the roles, responsibilities and selection process for the position of Integrity Commissioner for the City of Ottawa, including that the Integrity Commissioner also be the City’s Meetings Investigator and the Lobbyist Registrar, as described in this report. MOTION NO. 38/4 Moved by Councillor K. Egli Seconded by Mayor Watson WHEREAS the Integrity Commissioner position includes duties as the Lobbyist Registrar, Meetings Investigator and Integrity Commissioner; and   WHEREAS the proposed remuneration for this position includes a maximum retainer of $25,000 annually and a per diem hourly rate of $200 up to a daily maximum of $1,000; and   WHEREAS staff anticipate the first 12 months of the Integrity Commissioner’s mandate will require more time than in the future, with the emphasis being on the advisory and educational roles;  and   WHEREAS staff believe they will be in a better position to estimate the annual budget needs for the Integrity Commissioner following the first year of operation;   THEREFORE BE IT RESOLVED THAT the Integrity Commissioner position remuneration, including retainer and per diem payments, will be derived from current budgetary allocations to the Office of the City Clerk and, given the uncertainty in the first year operating requirements, staff will report back quarterly on expenditures during the first year. CARRIED Item 2 of Finance and Economic Development Committee and Governance Renewal Sub-Committee Joint Report 1 (Item 5 of the Ottawa City Council Agenda), as amended by Motion No. 38/4 and set out in full below, was then put to Council: That Council approve the roles, responsibilities and selection process for the position of Integrity Commissioner for the City of Ottawa, including that the Integrity Commissioner also be the City’s Meetings Investigator and the Lobbyist Registrar, as described in this report, as amended by the following: That the Integrity Commissioner position remuneration, including retainer and per diem payments, will be derived from current budgetary allocations to the Office of the City Clerk and, given the uncertainty in the first year operating requirements, staff will report back quarterly on expenditures during the first year. CARRIED PLANNING COMMITTEE REPORT 33A 6. ZONING – 96 NEPEAN STREET COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 96 Nepean Street from Residential Fifth Density Subzone B, Exception 482, FSI 3.0 (R5B (482) F(3.0)) to Residential Fifth Density Zone, Subzone B, with a new exception, schedule and a holding provision (R5B-h[xxxx] Syyy –h) as detailed in Document 2 and 3 and as shown in Document 4. CARRIED with Councillor D. Holmes dissenting. 7. APPLICATION TO ALTER 19 KINDLE COURT, A PROPERTY PROTECTED UNDER THE ONTARIO HERITAGE ACT AND LOCATED IN THE BRIARCLIFFE HERITAGE CONSERVATION DISTRICT STUDY AREA COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve the application for construction of a rear addition as per drawings submitted on May 22, 2012 and included as Document 4 subject to the shape of the rear addition being changed to rectangular instead of semi-circular and inset 60 cm from the east and west sides of the rear elevation; 2. Approve the application for a one storey flat roofed addition at the east side of the building included in Document 4; 3. Approve the application for the new garage as per the drawings attached in Document 5; and 4. Delegate authority for minor design changes to the General Manager, Planning and Growth Management Department. (Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on August 6, 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.) MOTION NO. 38/5 Moved by Councillor P. Hume Seconded by Councillor D. Deans That the Committee Recommendations 2 and 3 be amended by changing “Approve” to “Refuse”, in accordance with the staff recommendation. CARRIED on a division of 22 YEAS to 1 NAY as follows: YEAS (22): Councillors K. Egli, D. Deans, B. Monette, M. McRae, D. Thompson, D. Chernushenko, S. Desroches, P. Hume, A. Hubley, J. Harder. S. Moffatt, D. Holmes, T. Tierney, M. Wilkinson, P. Clark, K. Hobbs, M. Taylor, E. El-Chantiry, S. Blais, S. Qadri, R. Chiarelli and Mayor J. Watson. NAYS (1): Councillor R. Bloess. Item 2 of Planning Committee Report 33A (Item 7 of the Ottawa City Council Agenda), as amended by Motion No. 38/5 and set out in full below, was then put to Council: That Council: 1. Approve the application for construction of a rear addition as per drawings submitted on May 22, 2012 and included as Document 4 subject to the shape of the rear addition being changed to rectangular instead of semi-circular and inset 60 cm from the east and west sides of the rear elevation; 2. Refuse the application for a one storey flat roofed addition at the east side of the building included in Document 4; 3. Refuse the application for the new garage as per the drawings attached in Document 5; and 4. Delegate authority for minor design changes to the General Manager, Planning and Growth Management Department. (Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on August 6, 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 8. APPLICATION TO ALTER 216 CATHCART STREET, A PROPERTY LOCATED IN THE LOWERTOWN WEST HERITAGE CONSERVATION DISTRICT COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application for new construction at 216 Cathcart Street, in accordance with plans submitted by Tito Jurado, received on May 7, 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 the date of issuance. (Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on August 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 9. APPLICATION FOR NEW CONSTRUCTION AT 165 CRICHTON STREET, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT AND LOCATED IN THE NEW EDINBURGH HERITAGE CONSERVATION DISTRICT COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve the application to construct a new detached garage on River Lane at the rear of 165 Crichton Street as per plans submitted by Peter Boole on May 7, 2012 included as Documents 3 and 4 and subject to the following amendments: a) Increased separation from the adjacent property line on west side of property from 4 ft to 5 ft, and; b) Reduction in garage area from initial proposed 26’x24’, to 25’x24’, and; c) Landscaping modifications as agreed with the adjacent property owner on the west side of the property. 2. Designate authority for minor design changes to the General Manager, Planning and Growth Management Department. 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 August 6, 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 10. OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT – VARIOUS ADDRESSES COMMITTEE RECOMMENDATIONS That Council: 1. Approve and adopt an amendment to the Official Plan to add a special policy area for the Carp River Restoration Area as detailed in Document 2 and; 2. Approve an amendment to the Zoning By-law 2008-250 to: a) amend the flood plain hazard overlay as shown on Document 4; b) add a holding symbol and establish conditions for the removal of the holding symbol for the developable lands within the Carp River Restoration Policy Area; c) remove the flood fringe provisions on lands at 5487 Hazeldean Road and 20 Frank Nighbor Place. MOTION NO. 38/6 Moved by Councillor P. Hume Seconded by Councillor J. Harder WHEREAS Report ACS2012-PAI-PGM-0047 recommends approval and adoption of an amendment to the Official Plan for the City of Ottawa to establish the Carp River Restoration Policy Area including the addition of new policies to Section 3 of the Official Plan and the designation of certain lands; AND WHEREAS Document 2 of the said report, being Official Plan Amendment No. 104 contains new policies that require further amendment to better clarify their intent; AND WHEREAS Document 2 of the said report, being Official Plan Amendment No. 104 does not identify the applicable Schedule of the Official Plan to be amended for the purposes of designating some of the lands as subject to the Carp River Restoration Policy Area; AND WHEREAS following consideration of the said report by Planning Committee on June 26th, 2012, staff have identified additional lands to be designated as subject to the Carp River Restoration Policy Area, and which are not currently shown on Document 2 of the said report, being Official Plan Amendment No.104; THEREFORE BE IT RESOLVED THAT Council approve the following amendments to Document 2 of Report ACS2012-PAI-PGM-0047, being Official Plan Amendment No.104: 1. in the first sentence under Section 3. Basis of Part A – The Preamble the replacement of the words “Schedules B” with “Schedules A and B”; 2. in the last sentence under Section 3. Rationale of Part A – The Preamble the replacement of the words “to allow the Carp River Restoration project to proceed to construction” with “by the Minister’s Order dated July 21, 2008”; 3. the replacement of the sentence in subsection 2a of Part B – The Amendment with the following: “Amend Schedules A – Rural Policy Plan and B – Urban Policy Plan of Section 6 – Schedules of the Official Plan for the City of Ottawa by adding the “Carp River Restoration Policy Area” as shown on Schedule A to this amendment.”; 4. in the first sentence of policy 1 of the new Section 3.XX – Carp River Restoration Policy Area under subsection 2b of Part B – The Amendment the replacement of the words “Schedule B” with “Schedules A and B”; 5. in Condition 1.b. of the new Section 3.XX – Carp River Restoration Policy Area under subsection 2b of Part B – The Amendment the deletion of the words “between Richardson Side Road and highway 417”; and, 6. the replacement of Schedule A with the attached new Schedule A. AND BE IT FURTHER RESOLVED THAT no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED Item 8 of Planning Committee Report 33A (Item 10 of the Ottawa City Council Agenda), as amended by Motion No. 38/6 and set out in full below, was then put to Council: That Council: 1. Approve and adopt an amendment to the Official Plan to add a special policy area for the Carp River Restoration Area as detailed in Document 2, as amended by the following: a) in the first sentence under Section 3. Basis of Part A – The Preamble the replacement of the words “Schedules B” with “Schedules A and B”; b) in the last sentence under Section 3. Rationale of Part A – The Preamble the replacement of the words “to allow the Carp River Restoration project to proceed to construction” with “by the Minister’s Order dated July 21, 2008”; c) the replacement of the sentence in subsection 2a of Part B – The Amendment with the following: “Amend Schedules A – Rural Policy Plan and B – Urban Policy Plan of Section 6 – Schedules of the Official Plan for the City of Ottawa by adding the “Carp River Restoration Policy Area” as shown on Schedule A to this amendment.”; d) in the first sentence of policy 1 of the new Section 3.XX – Carp River Restoration Policy Area under subsection 2b of Part B – The Amendment the replacement of the words “Schedule B” with “Schedules A and B”; e) in Condition 1.b. of the new Section 3.XX – Carp River Restoration Policy Area under subsection 2b of Part B – The Amendment the deletion of the words “between Richardson Side Road and highway 417”; and, f) the replacement of Schedule A with the attached new Schedule A. 2. Approve an amendment to the Zoning By-law 2008-250 to: a) amend the flood plain hazard overlay as shown on Document 4; b) add a holding symbol and establish conditions for the removal of the holding symbol for the developable lands within the Carp River Restoration Policy Area; c) remove the flood fringe provisions on lands at 5487 Hazeldean Road and 20 Frank Nighbor Place. 3. That no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED 11. ZONING - 486 AND 500 PRESTON STREET COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 486 and 488 Preston Street from TM[86] Traditional Mainstreet, Exception 86 to a new Traditional Mainstreet zone with an exception and schedule (TM[XXXX] SXXX), as detailed in Documents 2 and 3 (as amended below) and shown in Document 1; 2. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 490 and 500 Preston Street from TM[86] F(6.5) H(67) Traditional Mainstreet with an exception to a new Traditional Mainstreet zone with an exception and schedule (T M[XXXX] SXXX), as detailed in Documents 2 and 3 (as amended below) and as shown in Document 1; 3. Approve that a holding symbol be added to the new TM[XXXX] SXXX zone requiring the Owner to enter into a related Site Plan agreement with the City, which shall include the requirement to provide funding for community benefits, before the holding may be lifted; and, 4. Approve that the following changes be made to the details of the recommended zoning contained in Document 3 of the staff report: Replace the following text in the existing Column V changes: Replace: “Balconies are not allowed to project into Areas A and B on Schedule XXX from that part of a building greater than 15.6 m in height up, facing Preston Street and located in Area D on Schedule XXX.” With: “Balconies are not allowed to project into Areas A and B on Schedule XXX for that part of a building between 15.6 metres in height and up to 80.0 metres in height, facing Preston Street and located in Area D on Schedule XXX.” CARRIED with Councillors S. Blais, D. Chernushenko, S. Moffatt and D. Holmes dissenting. 12. STATEMENT OF WORK TO REVIEW AND UPDATE THE 2013 OFFICIAL PLAN AND INFRASTRUCTURE MASTER PLAN COMMITTEE RECOMMENDATIONS That Council: 1. Approve the scope and timing for the review and update of the Official Plan and Infrastructure Master Plan contained in this report. 2. Approve a Sponsors Group, Industry Panel, Agency Panel and Community Panel as outlined in this report to oversee the review of the Official Plan, Transportation Master Plan, and Infrastructure Master Plan. 3. Confirm 2031 as the planning horizon for the review of the Official Plan, Transportation Master Plan, Infrastructure Master Plan and the Development Charges By-law. CARRIED 13 EXEMPTION FROM THE DEMOLITION CONTROL BY-LAW FOR THE BUILDINGS LOCATED AT 927 AND 929 RICHMOND ROAD AND 108 WOODROFFE AVENUE COMMITTEE RECOMMENDATIONS That Council approve that the buildings at 927/929 Richmond Road and 108 Woodroffe Avenue be exempted from the requirements set out in the Demolition Control By-law in order to enable the demolition of the building immediately subject to the following conditions which shall be incorporated into a registered agreement prior to the exemption taking effect: 1. The Owner ensures the property is graded and maintained to the standards set out in the Property Standards By-law pending development; 2. The property is not used or occupied for any other interim use; except for the construction and occupancy of an on-site sales office and accessory parking and 3. The Owner obtains all required planning approvals within two years of June 26, 2012; the building permit is submitted within three years of June 26, 2012 and construction substantially completed within five years of June 26, 2012. CARRIED PLANNING COMMITTEE REPORT 34 14. ZONING - 1680 VIMONT COURT COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 1680 Vimont Court, shown in Document 1, from Light Industrial Zone, Subzone 4, height limit 21 metres (IL4 H(21)) to Light Industrial Zone, Subzone 4, height limit 21 metres, Exception xxxx (IL4[xxxx] H (21)) as detailed in Document 2, as amended by the following: 1. That Document 2, being the Details of Recommended Zoning, be amended by adding the following to item 2(b) as a new provision to be included in Column V of the proposed new Exception: “(v) no parking is required for outdoor storage”; 2. And that no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED 15. ZONING - 6024 RENAUD ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of a part of 6024 Renaud Road from Development Reserve Zone, Exception 458 (DR[458]) to Residential Second Density, Subzone A, Exception xxxx (R2A[xxxx]) as shown on Document 1 and as detailed in Document 2. CARRIED 16. ZONING – 5611 FERNBANK ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 5611 Fernbank Road from Development Reserve (DR) to Residential Second Density Subzone N (R2N), Residential Third Density Subzone Z Exception 1837 (R3Z[1837]), Residential Second Density Subzone P Exception 703 (R2P[703]), Minor Institutional Subzone B (I1B), and Open Space 1 (O1), as shown in Document 1 and as detailed in Document 2. CARRIED 17. ZONING – 1008 SHEFFORD ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1008 Shefford Road from Residential Second Density Zone, Subzone N (R2N) to Residential Third Density Zone, Subzone Q, Exception [xxxx] (R3Q [xxxx]), as shown in Document 1 and detailed in Document 2. CARRIED 18. ZONING AND COMMUNITY DESIGN PLAN REVISION - 222 BEECHWOOD AVENUE, 8 AND 10 JOLLIET AVENUE AND 9 MARQUETTE AVENUE COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve a revision to the Beechwood Community Design Plan to change Sections 2.2.3 and 2.4.1 and Figure 11, to permit a high-rise building of up to 34.0 metres in height on 222 Beechwood Avenue, 8 and 10 Jolliet Avenue and 9 Marquette Avenue as detailed in Document 4 and as shown in Documents 5; 2. Approve an amendment to the Zoning By-law 200-250 to change the zoning of 222 Beechwood Avenue from TM S241, Traditional Mainstreet and the zoning of 8 and 10 Jolliet Avenue and 9 Marquette Avenue from TM H(15) to a new TM (XXX) S241 as detailed in Document 2 (as amended by the following) and as shown in Documents 1 and 3; and; 3. That the references to “8 Jolliet Avenue” in Document 2 be replaced by “8 and 10” Jolliet Avenue; and 4. That there be no further notice pursuant to Section 34 (17) of the Planning Act. CARRIED with Councillor R. Chiarelli dissenting. 19. ZONING – 968 ST. LAURENT BOULEVARD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 968 St. Laurent Boulevard from Arterial Mainstreet, Subzone 1, Exception [57] (AM1 [57] to Arterial Mainstreet, Exception [xxxx] (AM [xxxx]) as shown in Document 1 and detailed in Document 2. CARRIED 20. ZONING – 1050 SOMERSET STREET WEST COMMITTEE RECOMMENDATION AS AMENDED That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 1050 Somerset Street from Traditional Mainstreet Zone, Exception 126, Height 15 metres (TM [126] H(15)) to Traditional Mainstreet Zone, Exception [xxxx], Schedule yyy, Maximum Height 73.0 metres and a holding provision (TM-h[xxxx] Syyy-h) as shown on Document 1 and detailed in Documents 2 and 3, as amended by the following: 1. That the Zoning Schedule contained in Document 2 be amended by replacing the 15.0 metre setback from Somerset Street West to Area “B” with 15.3 metres; 2. That the Recommended Zoning contained in Document 3 be amended by adding the following to the existing Column V changes: “Residential visitor parking shall be provided at a rate of 0.83 per dwelling unit after the first 12 units”, and 3. That there be no further notice pursuant to Section 34(17) of the Planning Act. CARRIED 21. ZONING – 505, 573 AND 605 INDUSTRIAL AVENUE COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 505, 573 and 605 Industrial Avenue from General Industrial Subzone 3 (IG3) to a Mixed-Use Centre Subzone 7 Exception 1387 Holding Zone (MC7[1387]-h), as shown in Document 1. CARRIED 22. ZONING - 3699A AND 3701 JOCKVALE ROAD AND PART OF 3760 PRINCE OF WALES DRIVE COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3699A and 3701 Jockvale Road and part of 3760 Prince of Wales Drive from Development Reserve (DR) to Residential First Density Zone Subzone Z (R1Z), Residential Third Density Zone Subzone Z Exception 673 (R3Z[673]), Parks and Open Space (O1) and Environmental Protection Subzone 1 (EP1) as shown in Document 1 and detailed in Document 2. CARRIED 23. ZONING – 5306 AND 5358 FERNBANK ROAD COMMITTEE RECOMMENDATION AS AMENDED That Council approve an amendment to Zoning Bylaw 2008-250 to change the zoning of 5306 and 5358 Fernbank Road from Business Park Industrial Subzone 9 (IP9) and Residential Third Density Subzone Z exception zone (R3Z[1007] to Residential Third Density Subzone Z (R3Z), Residential Third Density Subzone Z exception zone (R3Z[xxxx]), Residential Fourth Density Subzone Z (R4Z), Business Park Industrial Subzone 9 (exception zone IP9 [yyyy]) and Parks and Open Space Zone (O1) as shown in Document 1 and detailed in Document 2, and as amended by the following: 1. By replacing in bullet 5 on page 5 the text “ a floor space index of 0.3” with “a minimum floor space index of 0.3”; 2. By replacing under the heading “Details of Proposed Zoning” on page 6 within the paragraph which begins “Area F” the text “ to include a minimum Floor Space Index of 0.33 (IP9 F(0.3)” with “to include an exception specifying a minimum Floor Space Index of 0.3 (IP9[yyyy])”; 3. By making the following changes to Document 2 – Details of Recommended Zoning: a) replacing in Item 1(e) the text “IP9 F (0.33)” with “O1”; and, b) replacing in Item 1(f) the text "O1" with "IP9[YYYY]", c) adding as a new Item 3 the text: “3. Add a new exception, IP9[yyyy] to Section 239 – Urban Exceptions with provisions similar in effect to the following: - Table 205(g) does not apply and the minimum Floor Space Index is 0.3”; and, 4. By replacing the text “Area F to be rezoned from IP9 to IP9 F(0.33)” with “Area F to be rezoned from IP9 to IP9[YYYY]” in the legend of the Zoning Key Plan shown in Document 1; 5. And that no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED 24. ZONING – 2 LASER STREET COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2 Laser Street shown on Document 1, by amending Exception [1662] to permit an automobile dealership as detailed in Document 2. CARRIED 25. OFFICIAL PLAN AMENDMENT - DELETE REQUIREMENT FOR SIDEWALK ON ONE SIDE OF MADRID AVENUE, WATERLILLY WAY AND KENTON AVENUE COMMITTEE RECOMMENDATION That Council approve and adopt an amendment to the South Nepean Urban Area Secondary Plan – Area 8, Volume 2A of the Official Plan for lands located on the south side of Madrid Avenue, the north side of Waterlilly Way, and the east side of Kenton Avenue as shown in Document 1 and detailed in Document 2. CARRIED 26. DEMOLITION CONTROL – 2781, 2791, 2797 BASELINE ROAD COMMITTEE RECOMMENDATIONS That Council approve demolition of 2781, 2791 and 2797 Baseline Road subject to the following conditions: 1. A replacement building for the property shall be substantially commenced within two years from the issuance of a demolition permit and in default thereof, the City Clerk and Solicitor shall enter on the collectors roll the sum of $10,000.00 for each dwelling unit contained in the residential properties demolished; 2. The Owner(s) enters into an agreement with the City including the forgoing condition and pays all the costs associated with the registration of the said agreement. At such time as a building permit is issued to redevelop the site and the replacement building is in place, the agreement will become null and void and will be released upon request by the Owner. The Owner shall pay all costs associated with the registration of the release from this agreement; and 3. The approval of this application is null and void if the provisions of Condition 2 above have not been fulfilled within 45 days of the date of this approval. CARRIED 27. FRONT–ENDING AGREEMENT – STORMWATER TREATMENT CHAMBERS, RIVERSIDE SOUTH COMMUNITY COMMITTEE RECOMMENDATIONS That Council: 1. Authorize the City to enter into a Front-Ending Agreement with Riverside South Development Corporation for the design and construction of the Riverside South, Stormwater Treatment Chambers 2, 3 and 8, based upon the principles set forth in Document 1 and the Council-approved Front Ending Policy in Document 2 with the final form and content of the Front-Ending Agreement being to the satisfaction of the Deputy City Manager, Planning and Infrastructure and the City Solicitor; 2. Approve the expenditure of $182,160 plus applicable taxes and indexing for the design and construction of Stormwater Treatment Chambers 2, 3 and 8 from development charges collected pursuant to By-law 2009-217 subject to the execution of the Front-Ending Agreement; and 3. Authorize the City to establish a new internal order in the amount of $182,160 plus applicable taxes and indexing. MOTION NO. 38/7 Moved by Councillor S. Desroches Seconded by Councillor A. Hubley BE IT RESOLVED that Item 14 of Planning Committee Report 34 (Item 27 on the Ottawa City Council Agenda) be deferred to the next meeting of Council. DEFERRAL CARRIED 28. SOURCE WATER PROTECTION ISSUES AND ACTIONS 2012 COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Receive the information regarding the status of Source Water Protection under the Clean Water Act contained in this report and attached documents 1, 2 and 3; 2. Approve technical comments from staff for submission to the Source Protection Committees as set out in Document 4; 3. Direct staff to prepare amendments to Official Plan Schedule K to update Wellhead Protection Areas and to include Intake Protection Zones for surface water intakes; 4. Direct staff to prepare any necessary amendments to the Official Plan, Comprehensive Zoning By-law, Community Design Plans or Secondary Plans needed after final provincial approval of the Source Protection Plans and report back to Planning Committee on recommended changes; 5. Establish the new position of a City Risk Management Official, the role of which is defined under the Clean Water Act, to be funded in 2012 through existing capacity in the water rate budget; and 6. Direct staff to develop financial impacts of potential projects arising from the implementation of the Act within the boundaries of the City of Ottawa, and include the costs of the program for consideration in the 2013 draft operating and capital rate budgets; and 7. direct Staff to coordinate efforts with the three conservation authorities that cover the City of Ottawa and report back to Committee and Council prior to the 2013 budget. CARRIED TRANSPORTATION COMMITTEE REPORT 18B 29. STATEMENT OF WORK TO REVIEW AND UPDATE THE TRANSPORTATION MASTER PLAN, OTTAWA PEDESTRIAN PLAN AND OTTAWA CYCLING PLAN COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve the strategic approach, scope and timing for the review and update of the Transportation Master Plan, Ottawa Pedestrian Plan and Ottawa Cycling Plan, as amended by the following: 1. That staff, working with the Chairs of the Transportation Committee and the Transit Commission, be directed to develop a roadmap for the consideration of the Transportation Master Plan, the Ottawa Pedestrian Plan, and Ottawa Cycling Plan elements that are within the Transit Commission’s mandate. CARRIED TRANSPORTATION COMMITTEE REPORT 19 30. PRESTON STREET RECONSTRUCTION – MANAGEMENT OF GATEWAY FEATURE AND ON-STREET RETROFITS COMMITTEE RECOMMENDATIONS That Council: 1. Direct staff to draft the maintenance agreement with the Preston BIA so that the maintenance and ownership of the ‘Bambini’ gateway feature are addressed in a manner consistent with similar gateway projects (Chinatown Gateway, Preston Portal Archway); and 2. Approve that $308,000 of the residual funds remaining in the Preston Street project budget be applied to on-street retrofits so that the electrical, tree guards and tree lighting is handled in a consistent manner throughout the construction area. CARRIED 31. RIDEAU STREET STREETSCAPING IMPROVEMENTS COMMITTEE RECOMMENDATION That Council approve the inclusion of the initial streetscape improvements, being the removal of existing planters and replacement with pavers, for Rideau Street from Sussex Drive to Dalhousie Street as part of the current Rideau Street Reconstruction Project from Dalhousie Street to the Rideau River. CARRIED REVISED BULK CONSENT AGENDA AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 21 A PETITION FOR DRAINAGE WORKS – 1566 AND 1600 STAGECOACH ROAD COMMITTEE RECOMMENDATION That Council consider the attached report pertaining to a petition for drainage works under Section 4 of the Drainage Act and appoint John van Gaal, P. Eng. of Stantec Consulting Ltd. as the Engineer of record to prepare a report in accordance with Section 8(1) of the Drainage Act and as outlined in this report. CARRIED B OFFICIAL PLAN AMENDMENT - PART OF 3772 AND 3872 GREENBANK ROAD COMMITTEE RECOMMENDATION That Council approve and adopt an amendment to Volume 1 of the Official Plan – Schedule A – Rural Policy Plan to redesignate part of 3772 and 3872 Greenbank Road from Sand and Gravel Resource Area to General Rural Area, as shown in Document 1 and detailed in Document 2, as amended by the new Location Map in Document 1 and new Schedule A in Document 2 and no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED C ZONING - PART OF 1735 OLD CARP ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 1735 Old Carp Road from 01A (Parks and Open Space, Subzone A) to RR3(XXXr) (Rural Residential Third Density, Subzone 3 with a Rural Exception), as shown in Document 1 and as detailed in Document 2. CARRIED D ZONING – 2985 MOODIE DRIVE COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2985 Moodie Drive from AG3 (Agricultural, Subzone 3) to AG7 (Agricultural, Subzone 7), as detailed in Document 1. CARRIED E ZONING – 5576 FAULKNER TRAIL AND 5585 FALLOWFIELD ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 5576 Faulkner Trail and 5585 Fallowfield Road from Agricultural, Subzone 1 (AG1) to Agricultural with an Exception (AG[XXXr]) and Agricultural, Subzone 6 (AG6), as shown in Document 1 and as detailed in Document 2, as amended to read in Document 2, ‘Proposed Changes to the Comprehensive Zoning By-law’, Section 2(b)(i) “Accessory buildings may be used to a maximum floor area of 930 square metres” and that no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED F ZONING – 8635 RUSSEL ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 8635 Russell Road from Agricultural, Subzone 1 (AG1) to Agricultural, Subzone 6 (AG6), as detailed in Document 1. CARRIED COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 15A G CRIME PREVENTION OTTAWA BOARD OF DIRECTORS NOMINATIONS AND EXPANSION COMMITTEE RECOMMENDATIONS That Council approve: 1. That the Terms of Reference of Crime Prevention Ottawa be modified to allow for a total of 16 members on the Board of Directors; and, 2. That the following people be appointed to the Crime Prevention Ottawa Board of Directors for the period 2012-2016: Jim Devoe Claude Gingras Michael Horne Walter Piovesan CARRIED H COMMEMORATIVE NAMING PROPOSAL – HOWARD DARWIN CENTENNIAL ARENA COMMITTEE RECOMMENDATIONS That Council approve the proposal to rename the Merivale Centennial Arena, located at 1765 Merivale Road, the “Howard Darwin Centennial Arena”. CARRIED I COMMEMORATIVE NAMING PROPOSAL – “LALANDE CONSERVATION PARK” COMMITTEE RECOMMENDATIONS That Council approve the proposal to name an unnamed park, located at 2145 Nantes Street, “Lalande Conservation Park”. CARRIED J COMMEMORATIVE NAMING PROPOSAL – “LINDA DUNN PARK” COMMITTEE RECOMMENDATIONS That Council approve the proposal to name a new park located at 1885 Celeste Way, “Linda Dunn Park”. CARRIED K COMMEMORATIVE NAMING PROPOSAL – “PATRICK BERGIN PARK” COMMITTEE RECOMMENDATIONS That Council approve the proposal to name a future park at 3910 Prince of Wales Drive, “Patrick Bergin Park”. CARRIED FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 21B L QUARTERLY PERFORMANCE REPORT TO COUNCIL, Q1: JANUARY 1 – MARCH 31, 2012 COMMITTEE RECOMMENDATION That Council receive the report for information on July 11, 2012 once it has been reviewed by standing committees. RECEIVED FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 22 M APPOINTMENTS TO THE WELLINGTON WEST BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT COMMITTEE RECOMMENDATION That Council approve the appointment of Michel Frojmovic, Nathalie Myles and Becky Rynor to the Wellington West Business Improvement Area Board of Management for the term expiring November 30, 2014. CARRIED N INTENT TO DESIGNATE SUNNYSIDE VILLAGE OLD OTTAWA SOUTH BUSINESS IMPROVEMENT AREA (BIA) COMMITTEE RECOMMENDATIONS That Council: 1. Approve the area described in Document 1 of this report to be designated as the “Sunnyside Village Old Ottawa South Business Improvement Area (BIA)” under Section 204 of the Municipal Act, 2001; 2. Authorize and direct the City Clerk and Solicitor to send out a notice of Council's intention to pass a by-law designating the area, as defined in Document 1, as a Business Improvement Area, in accordance with Section 210 of the Municipal Act, 2001; 3. Enact the following two enabling by-laws, subject to the City Clerk and Solicitor reporting favourably on the results of the intention to pass a by-law designating the area as Business Improvement Area as contemplated by Section 210 of the Municipal Act, 2001, referred to in Recommendation 2: a) a by-law to designate the area as a Business Improvement Area, as described in Document 1, to be named the “Sunnyside Village Old Ottawa South Business Improvement Area (BIA)”; and b) a by-law to establish the Board of Management of the Business Improvement Area, to be named the "Sunnyside Village Old Ottawa South Business Improvement Area (BIA) Board of Management.” CARRIED O INTENT TO DESIGNATE KANATA NORTH BUSINESS PARK BUSINESS IMPROVEMENT AREA (BIA) COMMITTEE RECOMMENDATIONS That Council : 1. Approve the area described in Document 1 of this report to be designated as the “Kanata North Business Park Business Improvement Area (BIA)” under Section 204 of the Municipal Act, 2001; 2. Authorize and direct the City Clerk and Solicitor to send out a notice of Council's intention to pass a by-law designating the area, as defined in Document 1, as a Business Improvement Area, in accordance with Section 210 of the Municipal Act, 2001; 3. Enact the following two enabling by-laws, subject to the City Clerk and Solicitor reporting favourably on the results of the intention to pass a by-law designating the area as Business Improvement Area as contemplated by Section 210 of the Municipal Act, 2001, referred to in Recommendation 2.: a) a by-law to designate the area as a Business Improvement Area, as described in Document 1, to be named the “Kanata North Business Park Business Improvement Area (BIA)"; and b) a by-law to establish the Board of Management of the Business Improvement Area, to be named the "Kanata North Business Park Business Improvement Area (BIA) Board of Management.” CARRIED P OTTAWA REGIONAL CANCER FOUNDATION LOAN REPAYMENT EXTENSION COMMITTEE RECOMMENDATIONS That Council approve changes to the current loan agreement with the Ottawa Regional Cancer Foundation as follows: 1. An extension of the interest-free loan repayment for an additional two years; and 2. Direct staff to establish a new repayment schedule for the balance with the following payments: 2012-Sep-23 $300,000 2013-Sep-23 $300,000 2014-Sep-23 $300,000 CARRIED Q DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD JANUARY 1, 2012 TO MARCH 31, 2012 COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED R CAPITAL ADJUSTMENTS AND CLOSING OF PROJECTS – CITY TAX AND RATE SUPPORTED COMMITTEE RECOMMENDATIONS That Council: 1. Authorize the closing of capital projects listed in Document 1, the funding of deficits as identified and the return of balance of funds to funding sources; 2. Approve the budget adjustments as detailed in Document 2; 3. Permit those projects in Document 3 that qualify for closure, to remain open; and 4. Receive the budget adjustments in Document 4 undertaken in accordance with the Delegation of Authority By-law 2009-231, as amended, as they pertain to capital works. CARRIED S BIRCH HILL TELECOM CORPORATION MUNICIPAL ACCESS AGREEMENT COMMITTEE RECOMMENDATION That Council approve entering into a Municipal Access Agreement with Birch Hill Telecom Corporation as described in this report. CARRIED PLANNING COMMITTEE REPORT 33A T APPLICATION TO ALTER 129 HOWICK STREET, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT LOCATED IN THE ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application to alter 129 Howick Street as per plans submitted by S.A.I. Consulting on May 7, 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 August 6, 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 U APPLICATION FOR DEMOLITION AND NEW CONSTRUCTION AT 220 SANDRIDGE ROAD, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT AND LOCATED IN THE ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application for demolition of the existing building at 220 Sandridge Road; 2. Approve the application for new construction at 220 Sandridge Road as per drawings by Ilg Ilg Design dated May 7, 2012 included as Documents 3, 4, 5 and 6; 3. Delegate authority for minor design changes to the General Manager, Planning and Growth Management Department; and 4. 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 August 6, 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 V APPLICATION FOR NEW CONSTRUCTION IN THE CENTRETOWN HERITAGE CONSERVATION DISTRICT AT 406-408 BANK STREET COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application for new construction at 406-408 Bank Street, in accordance with plans by Brian Clark, Architect, received on April 19, 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 the date of issuance. (Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on July 17, 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 W ZONING – 800 CEDARVIEW ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 800 Cedarview Road from Rural Residential Fourth Density (RR4) and Parks and Open Space Sub-zone(O1A) to Rural Residential Fourth Density (RR4), Rural Residential Fourth Density Exception [xxxr] (RR4[xxxr]) and Parks and Open Space (O1), as shown in Document 1 and detailed in Document 2. CARRIED X ZONING – 927 RICHMOND ROAD AND 108 WOODROFFE AVENUE COMMITTEE RECOMMENDATIONS That Council approve: 1. An amendment to the City of Ottawa Zoning By-law 2008-250 to change the zoning of 927 Richmond Road and 108 Woodroffe Avenue from a Traditional Mainstreet zone with a height limit of 25 metres(TM (H25)) to a new Traditional Mainstreet (TM [xxxx](H47)) exception zone with a height limit of 47 metres to permit a mixed-use development as detailed in Document 2 and as shown in Document 1; and 2. The implementing by-law go forward to City Council for approval after Site Plan Control Approval is obtained and the agreement registered on title. CARRIED Y ZONING - 4471, 4479 AND 4487 INNES ROAD COMMITTEE RECOMMENDATIONS That Council: 1. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 4471 Innes Road from General Mixed Use, Subzone 15, Height Limit of 8 metres (GM 15 H(8)) to General Mixed Use, Subzone 15, Exception zone, Height Limit of 8 metres with a schedule (GM 15 [XXXX] H(8) SXXX), as shown in Documents 1 and 3 and as detailed in Document 2; and 2. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 4479 and 4487 Innes Road from Residential, First Density, Subzone HH, Exception 1173 (R1HH [1173]) to General Mixed Use, Subzone 15, Exception zone, Height Limit of 15 metres with a schedule (GM 15 [XXXX] H(15) SXXX); as shown in Documents 1 and 3 and as detailed in Document 2. CARRIED Z OFFICIAL PLAN AMENDMENT AND ZONING - 350 CRESTHAVEN DRIVE COMMITTEE RECOMMENDATIONS That Council: 1. Approve and adopt an amendment to Volume 2a of the Official Plan to redesignate 350 Cresthaven Drive from Business Park in the South Nepean Secondary Plan Area 4, 5 and 6 to Mixed Density Residential, as shown in Document 1 and detailed in Document 2; and 2. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 350 Cresthaven Drive from Development Reserve - DR to Residential Fourth Density Zone, Subzone Z Exception XXXX (R4Z[XXXX]) as shown in Document 3 and detailed in Document 4. CARRIED AA 2012 GREEN BUILDING PROMOTION PROGRAM COMMITTEE RECOMMENDATION That Council receive the 2012 Green Building Promotion Program, as attached in Document 1. RECEIVED BB EXTENSION OF SERVICES AND FRONT- ENDNG AGREEMENTS - FERNBANK LANDS COMMITTEE RECOMMENDATION That Council approve: 1. The City to entering into an Extension of Services Agreement with the Fernbank Landowners Group for the installation of trunk sanitary services as set out in Document 2; 2. The City to entering into a Front-Ending Agreement with the Fernbank Landowners Group for the design and construction of a 2.4 kilometre trunk sewer, based on the Front-Ending Principles set forth in Document 3 and the Council Approved Front-Ending Policy in Document 4, with the final form and content of the Front-Ending Agreement to the satisfaction of the Deputy City Manager, Planning and Infrastructure and the City Clerk and Solicitor; and 3. Payments with upset limits of $982,704 from the 2011 Capital Budget, $517,296 from the 2013 Capital Forecast, $500,000 from the 2015 Capital Forecast and $500,000 from the 2017 Capital Forecast plus applicable taxes and indexing in accordance with the Council Approved Front-Ending Agreement Policy and subject to the execution of a Front-Ending Agreement to the Fernbank Landowners Group for design and construction of the Fernbank Trunk Sanitary Sewer. CARRIED TRANSIT COMMISSION REPORT 13A CC CAPITAL ADJUSTMENTS AND CLOSING OF PROJECTS – TRANSIT COMMISSION RECOMMENDATION That Council: 1. Authorize the closing of capital projects listed in Document 1, the funding of deficits as identified and the return of balance of funds to funding sources; 2. Approve the budget adjustments as detailed in Document 2; 3. Permit those projects in Document 3 that qualify for closure, to remain open; and 4. Receive the budget adjustments in Document 4 undertaken in accordance with the Delegation of Authority By-law 2009-231, as amended, as they pertain to capital works. CARRIED TRANSPORTATION COMMITTEE REPORT 19 DD PROPERTY ACQUISITION – 5025 INNOVATION DRIVE – NORTHTECH LAND DEVELOPMENT INC COMMITTEE RECOMMENDATIONS That Council approve: 1) The fee simple acquisition of a vacant parcel of land required for a Park and Ride facility consisting of approximately 4.91 hectares (12.1285 acres) owned by Northtech Land Development Inc., described as Part of Block 4, Registered Plan 4M-1104, geographic Township of March, City of Ottawa, shown as Parcels 1 and 2 on attached Document 1, for the consideration of $5,700,000, plus applicable taxes related to the transaction subject to final survey and adjustments on closing; 2) A three (3) year option to purchase back part of the lands as outlined in Recommendation 1, to Northtech Land Development Inc., as set forth in the Discussion section of this report; 3) Should Northtech Land Development Inc. exercise its proposed option to purchase back land as provided for in Recommendation 2, all monies from the sale should be credit back into the appropriate Park and Ride account. CARRIED Motion to Adopt Reports MOTION NO. 38/8 Moved by Councillor M. Taylor Seconded by Councillor D. Deans That Agriculture and Rural Affairs Committee Report 21; Community and Protective Services Committee Report 15A; Finance and Economic Development Committee Reports 21B, 22 and 22A; Finance and Economic Development Committee and Governance Renewal Sub-Committee Joint Report 1; Planning Committee Reports 33A and 34; Transit Commission Report 13A; and Transportation Committee Reports 18B and 19, be received and adopted as amended. CARRIED MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN MOTION NO. 38/9 Moved by Councillor S. Desroches Seconded by Mayor J. Watson Whereas the City’s goal is to obtain best value when purchasing goods, services and construction; Whereas the City’s procurement processes are open, transparent and fair to all suppliers; Whereas it is in the City’s best interest to identify new suppliers, products and services; Whereas the City has partnered with the Province of Ontario and the Government of Canada to deliver information sessions to help Ottawa companies understand how each level of government does its purchasing, and to identify new sources of supply, products and services; Be it resolved that the Manager Economic Development and the Chief Procurement Officer be directed to work together to coordinate with local academic institutions, school boards, and health and social service providers (MASH sector – municipalities, academic institutions, school boards, and health and social service providers) to provide a similar information session to help Ottawa companies understand how each entity of the local MASH sector does its purchasing and to identify new sources of supply, products and services. CARRIED MOTION NO. 38/10 Moved by Councillor T. Tierney Seconded by Councillor M. Wilkinson WHEREAS The Building Canada Plan and a number of important federal-provincial transfer agreements vital to Canada’s cities and communities, will expire in March 2014; and, WHEREAS Federal investments over the last few years have helped to advance important City building projects, and the Government of Canada has committed to develop a new long-term plan for municipal infrastructure funding in consultation with municipal and provincial/territorial governments; and, WHEREAS a seamless transition from the Building Canada Plan to a new long term plan is necessary to ensure that municipalities can continue planning their capital spending effectively; and, WHEREAS The Federation of Canadian Municipalities (FCM) has launched a campaign to ensure the new plan reflects municipal priorities across the country and asks its member municipalities to pass a Council resolution supporting the campaign; and, WHEREAS the City of Ottawa has continuing infrastructure needs, such as rapid transit to improve the efficient movement of people, construction of a combined sewage storage tunnel to improve the quality of the Ottawa River and upkeep of existing aging infrastructure that is critical to this community, and these can only be met with the kind of long-term planning and investment made possible by a national plan; THEREFORE BE IT RESOLVED that Council endorses the FCM campaign and petitions the Minister of Transport, Infrastructure and Communities to work with FCM to ensure the new long-term infrastructure plan meets the core infrastructure needs of cities and communities; BE IT FURTHER RESOLVED  that Council petitions the Minister of Transport, Infrastructure and Communities to ensure that the new long-term plan is fully in place when existing programs expire in 2014; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Federal Minister of Transport, Infrastructure and Communities, the Ontario Minister of Municipal Affairs and Housing, the Ontario Minister of Infrastructure, local MPs and MPPs, the Federation of Canadian Municipalities, and to the Association of Municipalities of Ontario. CARRIED MOTIONS REQUIRING SUSPENSION OF THE RULES OF PROCEDURE MOTION NO. 38/11 Moved by Councillor D. Chernushenko Seconded by Councillor M. McRae THAT the Rules of Procedure be waived, due to the fact that the next Council meeting is August 29 and the vendor does not operate the encroachment in the winter, to consider the following motion: WHEREAS, on May 25, 2011, City Council approved a pilot project for a Vending Encroachment Permit for 792 Bank Street to allow Nicastro’s to operate a vegetable stand outside their store; and WHEREAS the encroachment fees were based on those for a patio; and WHEREAS the vending encroachment is for sale of vegetables and goods more similar to a market vendor than a licensed patio; THEREFORE BE IT RESOLVED that the fee for the Vending Encroachment Permit for 792 Bank Street pilot project be established at 50% the patio encroachment fee for the duration of the pilot. CARRIED MOTION NO. 38/12 Moved by Councillor E. El-Chantiry Seconded by Councillor S. Desroches THAT the Rules of Procedure be waived, due to the timelines, to consider the following motion: WHEREAS the Legislative Assembly of Alberta and the City of Edmonton are hosting the Canadian Capital Cities Organization (CCCO) 2012 Conference from August 28-31, 2012; and WHEREAS the CCCO's 2012 Conference theme of "Building the Capital Experience" will highlight the contributions and unique partnerships among governments, legislatures and non-profit organizations in contributing to dynamic capital cities; and WHEREAS Councillor Bob Monette has expressed an interest in attending the conference on behalf of the Mayor; and WHEREAS the estimated cost to attend the conference will total $2000, to be funded from the Elected Officials Administration operating budget of the Legislative Services Branch; THEREFORE BE IT RESOLVED that Council approve the attendance of Councillor Bob Monette as the City of Ottawa representative at the Canadian Capital Cities Organization Conference 2012 in Edmonton, August 28-31, 2012. CARRIED MOTION NO. 38/13 Moved by Councillor M. McRae Seconded by Mayor J. Watson THAT the Rules of Procedure be waived, due to the timelines needed to complete the requested work in 2012, to consider the following motion: WHEREAS on December 15th, 2010, Council referred to the Finance and Economic Development Committee (“FEDCO”) the issue of “the policy disposition on year end surpluses” as well as their allocation to “the Environmental Lands Reserve and the Tree Planting Capital Fund”; and, WHEREAS on March 1st, 2011, the staff report to FEDCO recommended that any “future excess amounts which Council authorizes to be distributed from the City of Ottawa Sinking Fund be contributed to the Environmental Resources Areas Acquisition Reserve Fund” alone; and, WHEREAS FEDCO approved this recommendation based on the verbal clarification at Committee that, “with Council’s approval, the City could move ahead and start its first reserve fund for environmentally sensitive land and trees” but did not expressly amend the recommendation to reflect the stated intention; and, WHEREAS recent events and additional public input on the City’s Emerald Ash Borer strategy has identified a need to increase both the number of trees being injected and the number of replacement trees being planted to meet the City’s Term of Council Strategic Priority, being ES2, “enhance and protect natural systems”; and, WHEREAS there are operational timelines associated with inoculation and tree planting activities and additional funding is required to advance the ability of the Forestry Branch to inject and plant additional trees across the City in 2012. THEREFORE BE IT RESOLVED THAT City Council approve that $1 M from the Environmental Resource Areas Acquisition Reserve Fund be transferred as one-time funds for the planting and injection of additional trees in 2012 as part of the Emerald Ash Borer Strategy. CARRIED on a division of 22 YEAS to 0 NAYS as follows: YEAS (22): Councillors K. Egli, D. Deans, B. Monette, M. McRae, D. Chernushenko, S. Desroches, P. Hume, A. Hubley, J. Harder. S. Moffatt, D. Holmes, R. Bloess, T. Tierney, M. Wilkinson, P. Clark, K. Hobbs, M. Taylor, E. ElChantiry, S. Blais, S. Qadri, R. Chiarelli and Mayor J. Watson. NAYS (0): Direction to Staff That staff send a request to the appropriate department of the Federal Government or Ministry for funds to assist with the Emerald Ash Borer Strategy. MOTION NO. 38/14 Moved by Councillor M. Taylor Seconded by Councillor S. Qadri THAT the Rules of Procedure be waived, due to the urgency of this issue and the fact that the next Council meeting is August 29 WHEREAS the Ottawa Arts Court Foundation (OACF) is a valuable partner in the Ottawa Arts community, governed by a volunteer Board of Directors, managing the 130-seat black box theatre, library and court room spaces at Arts Court through an Arts Service Agreement with the City of Ottawa and is one of seven arts partners working closely with the City on the Arts Court redevelopment project; and, WHEREAS in November 2011 the OACF indicated to Council that, for 2012, they would require the 2011 level of funding of $183,023 plus a 2% inflationary increase to allow them to move from a state of financial difficulty into a recovery mode, including an immediate disbursement of $40,000 of those funds; and, WHEREAS, on December 14, 2011, City Council approved the Ottawa Arts Court Foundation – 2012 Funding Report approving the requested level of funding, totaling $186, 683, to be disbursed as follows:     \   i) $40,000 advance as soon as possible and no later than the 1st week of January 2012; ii) Mid February 2012 - $50,000; and iii) Remainder of funding in early May 2012 based on obtaining revenue targets of $20,000 for the Law and Disorder event fundraiser.  The OACF will have to provide a full report on funds raised seven days after all fundraising events; and, WHEREAS the revenue targets of $20,000 for the fundraiser were not met; and, WHEREAS on May 23, 2012, at the request of the OACF, City Council approved three further funding contributions of $15,252 each, to permit the OACF to continue operate the theatre until the end of August 2012, and further recommended that a 60-day period be granted for OACF to explore a merger/partnership with the Council for the Arts (CAO) and that staff report back to Council at the end of August 2012; and WHEREAS the Council for the Arts has indicated to the City by written correspondence on June 29, 2012, that their investigation into a possible merger or partnership has resulted in the decision that a merger of the two organizations is not possible; and, WHEREAS the OACF has informed the City that they require an additional $45,000, immediately in order to dissolve their organization and meet their programming and operation commitments, including operating the theatre on behalf of the City, from July 13, 2012 to August 31, 2012; and, WHEREAS the OACF has confirmed that they will be unable to continue operation beyond July 13, 2012, unless the remainder of the 2012 funding allocation is released; and, WHEREAS the Council for the Arts has recommended that the City of Ottawa provide assistance to the OACF as they wind down the organization; THEREFORE BE IT RESOLVED THAT the City provide the Ottawa Arts Court Foundation (OACF) with a final amount of $45,000, to permit the organization to dissolve in an orderly manner, on the condition that the OACF permit City staff to access the theatre facility and its bookings’ record in order to provide a seamless transition to the theatre operations; and, BE IT FURTHER RESOLVED THAT the Deputy City Manager, City Operations be given the delegated authority to execute a final grant agreement with OACF in accordance with this motion, and report back to the Community and Protective Services Committee in an Information Previously Distributed memo. CARRIED BY-LAWS MOTION NO. 38/15 Moved by Councillor M. Taylor Seconded by Councillor D. Deans That the following by-laws be enacted and passed: THIRD READING 2012-240 A by-law of the City of Ottawa to provide for a drainage works project changing the course of the existing drainage works known as the South Cyrville Municipal Drain. THREE READINGS 2012-241 A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to redesignate part of 3772 and 3872 Greenbank Road from Sand and Gravel Resource Area to General Rural Area. 2012-242 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 8635 Russell Road. 2012-243 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 5576 Faulkner Trail and 5585 Fallowfield Road. 2012-244 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 350 Cresthaven Drive. 2012-245 A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to re-designate 350 Cresthaven Drive in the South Nepean Secondary Plan Areas 4, 5 and 6. 2012-246 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 1050 Somerset Street West. 2012-247 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 part of the lands known municipally as 6024 Renaud Road. 2012-248 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 3699A and 3701 Jockvale Road and part of 3760 Prince of Wales Drive. 2012-249 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to remove the holding symbol from part of the property known municipally as 15 Colonnade Road North now known as 19 Colonnade Road North. 2012-250 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 part of the lands known municipally as 800 Cedarview Road. 2012-251 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 968 St. Laurent Boulevard. 2012-252 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 1008 Shefford Road. 2012-253 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (voie Maklynne Way, promenade Horizon Drive) 2012-254 A by-law of the City of Ottawa to amend By-law No. 2009-200 respecting urban tree conservation. 2012-255 A by-law of the City of Ottawa to designate the Rutherford House, 4515 9th Line Road, to be of cultural heritage value or interest. 2012-256 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 part of the lands known municipally as 1735 Old Carp Road. 2012-257 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. 2012-258 A by-law of the City of Ottawa to provide for the licensing, regulating and governing of taxicabs, taxicab drivers, taxi plate holders and taxicab brokers in the regulated area of the City of Ottawa, and to repeal By-law No. 2005-481. 2012-259 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 96 Nepean Street. 2012-260 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 1680 Vimont Court. 2012-261 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Brian Coburn Boulevard). 2012-262 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 part of the lands known municipally as 5611 Fernbank Road. 2012-263 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 505, 573 and 605 Industrial Avenue. 2012-264 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 4471, 4479 and 4487 Innes Road. 2012-265 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to remove the holding symbol from the property known municipally as 907 Eagleson Road. 2012-266 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 part of the lands known municipally as 2985 Moodie Drive. 2012-267 A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to delete from the South Nepean Urban Area 8 Secondary Plan the requirement for sidewalks on one side of Madrid Avenue, Waterlilly Way and Kenton Avenue. 2012-268 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 2 Laser Street. 2012-269 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 486, 488, 490 and 500 Preston Street. 2012-270 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes. 2012-271 A by-law of the City of Ottawa to amend By-law No. 2006-273 to appoint certain Municipal Law Enforcement Officers. 2012-272 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 222 Beechwood Avenue, 8 and 10 Jolliet Avenue and 9 Marquette Avenue. 2012-273 by-law of the City of Ottawa to designate certain lands at 600, 602, 604 and 606 to 665 Moorpark Avenue as being exempt from Part Lot Control. 2012-274 A by-law of the City of Ottawa to designate certain lands at 1 Laramie Place being exempt from Part Lot Control. 2012-275 A by-law of the City of Ottawa to designate certain lands at 537 to 559 inclusive (odd only), 571, 573, 581, 583, 607 and 609 Remnor Avenue being exempt from Part Lot Control. 2012-276 A by-law of the City of Ottawa to designate certain lands at 700 to 708 (even), 710 to 718 (inclusive), 720 to 730 (even), 732 to 755 (inclusive) Sevenoak Avenue; 534 to 544 (even), 546 to 550 (inclusive), 564 to 570 (even), 572 to 588 (inclusive); 590 to 604 (even) Barrick Hill Way; 120 to 146 (even) Akerson Road being exempt from Part Lot Control. 2012-277 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 within the Carp River Restoration Area. 2012-278 A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to establish the Carp River Restoration Policy Area. 2012-279 A by-law of the City of Ottawa to close Redmond Place. 2012-280 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 5306 and 5358 Fernbank Road. CARRIED Confirmation By-law MOTION NO. 38/16 Moved by Councillor M. Taylor Seconded by Councillor D. Deans THAT By-law 2012-281 to confirm the proceedings of Council be enacted and passed. CARRIED Inquiries From Councillor K. Hobbs concerning the hiring of FoTenn Consultants for Planning Approvals. Adjournment Council adjourned the meeting at 1:00 p.m. CLERK MAYOR OTTAWA CITY COUNCIL MINUTES 38 WEDNESDAY, 11 JULY 2012 41