OTTAWA CITY COUNCIL Wednesday, 29 August 2012, 10:00 am Andrew S. Haydon Hall, 110 Laurier Avenue West AGENDA 39 PRAYER NATIONAL ANTHEM Councillor D. Chernushenko ANNOUNCEMENTS/CEREMONIAL ACTIVITIES * Recognition - Mayor's City Builder Award ROLL CALL CONFIRMATION OF MINUTES Confirmation of the Minutes of the regular meeting of 11 July 2012. DECLARATIONS OF INTEREST INCLUDING THOSE ORIGINALLY ARISING FROM PRIOR MEETINGS COMMUNICATIONS Association of Municipalities of Ontario (AMO): * Policing Update * AMO Makes Submission to the Bill 206 Mandatory Review * Ontario Launches First Phase of Municipal Infrastructure Strategy * AMO Submits Infrastructure Funding Priorities to Federal Government * MEPCO Survey on OMERS Employees Response to Inquiries: * 07-12 - Ottawa Marathon – Road Closures Other Communications Received * Submission received, containing 907 signatures, requesting that the Council of the City of Ottawa vote in favour of the continuation of the City's lease and operation of the Nepean National Equestrian Park. REGRETS Councillor B. Monette has advised he will be absent from the Council meeting of 29 August 2012, due to City business. MOTION TO INTRODUCE REPORTS (Councillors D. Deans and T. Tierney) POSTPONEMENTS AND DEFERRALS CITY COUNCIL – JULY 11, 2012 PLANNING COMMITTEE REPORT 34 1. 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 PRESIDENT AND CEO, MANOTICK MILL QUARTER COMMUNITY DEVELOPMENT CORPORATION 2. MANOTICK MILL QUARTER COMMUNITY DEVELOPMENT CORPORATION - 2011 ANNUAL REPORT REPORT RECOMMENDATIONS That Council: 1. Receive the audited financial statements of the Manotick Mill Quarter Community Development Corporation (MMQCDC) for the Year 2011 in the Annual Report in Document 1 (issued separately and held on file with the City Clerk) and; 2. Appoint Ernst & Young LLP as the auditor of the Manotick Mill Quarter Development Corporation for the Year 2012. PRESIDENT AND CEO, OTTAWA COMMUNITY LANDS DEVELOPMENT CORPORATION 3. OTTAWA COMMUNITY LANDS DEVELOPMENT CORPORATION - 2011 ANNUAL REPORT REPORT RECOMMENDATIONS That Council: 1. Receive the Audited financial statements of the Ottawa Community Lands Development Corporation (OCLDC) for the Year 2011 as set out in the Annual Report prepared by Ernst and Young in Document 1 attached (issued separately and held on file with the City Clerk); and 2. Appoint Ernst & Young LLP as the auditor of the Ottawa Community Lands Development Corporation for the Year 2012. CITY CLERK AND SOLICITOR'S REPORT 4. STATUS UPDATE - COUNCIL INQUIRIES AND MOTIONS FOR THE PERIOD ENDING 24 AUGUST 2012 REPORT RECOMMENDATIONS That Council receive this report for information. COMMITTEE REPORTS FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 23 5. COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND – PROJECTS FUNDING REQUEST COMMITTEE RECOMMENDATION That Council approve the list of projects (Document 1) submitted by the City Manager to meet the August 24, 2012 submission deadline as part of the application for funding under the Community Infrastructure Improvement Fund program, as amended by the following: The Ottawa School of Arts project be removed from the list of projects identified in Document 1 and be replaced with “Rideau Street Library, Rideau Street – 0377, Elevator Remediation to meet Accessibility Standards, $229,000” as a replacement project. 6. LEASE EXTENSION, AMENDMENT AND ACQUISITION - O-TRAIN MAINTENANCE FACILITY - 3101 ALBION ROAD, CITY OF OTTAWA, CANADIAN PACIFIC RAILWAY COMPANY COMMITTEE RECOMMENDATIONS That Council: 1. Approve a ten (10) year lease extension and amendment, with four (4) five (5) year options for the 3.78 hectares (9.34 acres) O-Train maintenance facility, 3101 Albion Road, City of Ottawa, shown as Parcel B on the attached Document 1, from Canadian Pacific Railway Company for the consideration of $1,405,328 plus applicable HST for the ten (10) year term; 2. Approve the fee simple acquisition of a vacant parcel of land consisting of approximately 0.94 hectare (2.32 acres) described as Part Lot 2, Concession 3, Rideau Front, geographic Township of Gloucester, City of Ottawa, shown as Parcel C on the attached Document 1, from the Canadian Pacific Railway Company for the consideration of $406,000 plus applicable HST, subject to final survey and adjustments on closing; 3. Approve the fee simple acquisition of a vacant parcel of land consisting of approximately 0.29 hectare (0.717 acre) described as Part Lot 2, Concession 3, Rideau Front, geographic Township of Gloucester, City of Ottawa, shown as Parcel D on the attached Document 1, from the Canadian Pacific Railway Company for the consideration of $1.00 plus applicable HST, subject to final survey and adjustments on closing; 4. Designate the maintenance facility, 3.78 hectares (9.34 acres) at 3101 Albion Road, Ottawa, as a Municipal Capital Facility as permitted by Section 110 of the Municipal Act, 2001 and as defined in Ontario Regulation 603/06, as amended; 5. Direct this designation to be implemented by way of a Municipal Capital Facilities Agreement between the City and the Landlord (refer to Document 3) and by the enactment of the associated By-law for the exemption of the taxes for municipal and school purposes (refer to Document 4), both in accordance with the requirements of the Municipal Act and this report; and 6. Authorize the Deputy City Manager, City Operations, to finalize and execute the Municipal Capital Facilities Agreement for the premises located at 3101 Albion Road. 7. SUPPORT FOR EASTERN ONTARIO DEVELOPMENT FUND COMMITTEE RECOMMENDATIONS That City Council: 1. Ask for All-Party support for Bill 11; 2. Request that the Legislature and the Provincial government ensure all of Ottawa (both urban and rural) is eligible to participate in the Eastern Ontario Development Fund; and 3. Waive the Rules of Procedure to consider this item at its meeting of Wednesday, 29 August 2012. PLANNING COMMITTEE REPORT 35 8. ZONING – 2084 MONTREAL ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 2084 Montreal Road from R5Z [1459] – Residential Fifth Density Subzone Z, exception 1459 to AM [1459] – Arterial Main Street Zone, exception [1459], as shown in Document 1 and detailed in Document 2. 9. ZONING - 3650 AND 3658 JOCKVALE ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3650 and 3658 Jockvale Road from Development Reserve Zone to Residential Third Density Subzone Z Exception [XXXX], as is shown in Document 1 and detailed in Document 2. 10. ZONING – 1125, 1129, 1133, 1137, 1145 AND 1149 CYRVILLE ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to change the Mixed Use Centre, MC1F(1.1) H(15) zone applying to 1125, 1129, 1133, 1137, 1145 and 1149 Cyrville Road to a new Mixed Use Centre, Subzone 1, 15 (MC1 [xxxx]F(1.1)H(15)-h), as shown in Document 1 and detailed in Document 2. 11. ZONING - 936 WOODROFFE AVENUE COMMITTEE MEETING INFORMATION Delegations: Three delegations spoke in opposition to the report recommendation, two additional written submissions received in opposition to report recommendation. Two delegations appeared in support of report recommendation, on behalf of applicant. Debate: Approximately one hour spent on this item for delegations, questions & receipt of information from staff & Committee discussion. Vote: Ward Councillor Taylor opposed to report recommendation, called for “Yeas and Nays”; report recommendation LOST (5:4). Ward Councillor subsequently moved Motion to REFUSE zoning amendment, which was CARRIED by Committee 5:4. Position of Ward Councillor: As noted above. Position of Advisory Committee(s) Not listed. COMMITTEE RECOMMENDATION AS AMENDED That Council reject an amendment to the Zoning By-law 2008-250 to change the zoning of 936 Woodroffe Avenue from, R2G, Residential Second Density Zone to a new R3A(xxx), Residential Third Density Zone as detailed in Document 2 and as shown in Document 1. 12. ZONING - 175 RICHMOND ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 175 Richmond Road shown in Document 2 from General Industrial Zone, Subzone 1 (IG1) to Traditional Mainstreet Zone, with a new exception and schedule TM [xxxx] Syyy, as detailed in Document 3 and 4. 13. ZONING – 174 GLEBE AVENUE COMMITTEE RECOMMENDATION That Council refuse an amendment to the Zoning By-law 2008-250 to change the zoning of 174 Glebe Avenue from Residential Type 3 Zone, Exception 1268 R3B[1268] to permit a four-storey lowrise apartment building. 14. ZONING - PART OF 2233 MER BLEUE ROAD AND PART OF 2168 TENTH LINE ROAD COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 2233 Mer Bleue Road, currently zoned R4A[1572] – Residential Fourth Density Exception 1572 to permit multiple dwelling units with special provisions, to rezone part of the R4A[1572] – Residential Fourth Density Exception 1572 zone to R4A[1572]-h – Residential Fourth Density Exception 1572 Holding to restrict development and to rezone the MC[1573] – Mixed Use Centre Exception 1573 zone to MC[1573]-h – Mixed Use Centre Exception 1573 Holding to restrict development and to rezone Part of 2168 Tenth Line Road from DR – Development Reserve to R3XX[1312] – Residential Third Density Subzone XX Exception 1312 zone as shown in Document 1 and as detailed in Document 2, as amended by the following: 1. That Document 1 of the report be replaced with the attached Document 1 so that Area B on the Location Map be properly identified, and; 2. That pursuant to the Planning Act, subsection 34(17) no further notice be given. 15. APPEAL WITHDRAWAL BY HINTONBURG COMMUNITY ASSOCIATION (HCA) TO WELLINGTON STREET WEST COMMUNITY DESIGN PLAN COMMITTEE RECOMMENDATIONS That Council approve: 1. That By-law No. 2011-216, MC16 Subzone – Parkdale Park Subzone (16) be amended to add a new clause “(h)” as follows: Minimum side yard setback of a building on properties located within Attachment 2, Area I, fronting onto Hinton Avenue and between Armstrong and Wellington Streets: 1.2m 2. That all subsequent numbering following the insertion of the above new clause be appropriately renumbered; and, BE IT FURTHER RESOLVED THAT pursuant to the Planning Act, subsection 34(17) no further notice be given. BULK CONSENT AGENDA PLANNING COMMITTEE REPORT 35 A APPLICATION FOR DEMOLITION AND NEW CONSTRUCTION IN THE ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT AT 600 ACACIA AVENUE COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application for demolition and new construction at 600 Acacia Avenue as per drawings submitted by Julian Smith & Associates Architects and attached as Documents 3, 4, and 5; 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 October 3, 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.) B ZONING - 8 HOBIN STREET COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 8 Hobin Street from Residential First Density Subzone D (R1D) to Residential First Density Subzone Q exception zone (R1Q[xxxx]) as shown in Document 1 and detailed in Document 2. C ZONING - 2129 NANTES COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 2129 Nantes Street from Development Reserve (DR) to Residential First Density, Subzone J, Exception XXXX (R1J[xxxx]), Residential Second Density, Subzone Z, Exception YYYY (R2Z[yyyy]), and Residential Second Density, Subzone I (R2I), as shown in Document 1 and Document 2, and as detailed in Document 6. D ZONING - 4699 BANK STREET COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 4699 Bank Street from Development Reserve (DR) to Minor Institutional Zone, Subzone A with Exceptions (I1A [XXXX]), as shown in Document 1 and as detailed in Document 2. E REPORTING – CASH-IN-LIEU OF PARKLAND FUNDS COMMITTEE RECOMMENDATION That Council approve quarterly reporting to Members of Council on City-wide and Ward Cash-in-lieu of Parkland funds. F WELLINGTON STREET WEST COMMUNITY DESIGN PLAN (CDP) – ONTARIO MUNICIPAL BOARD (OMB) SALVATION ARMY APPEAL UPDATE: SUBMISSION OF MINUTES OF SETTLEMENT TO AMEND ZONING BY-LAW 2011-216, OPA 93 (SECONDARY PLAN), AND THE CDP COMMITTEE RECOMMENDATIONS That Council approve: 1. The Minutes of Settlement (Document 1, including attachments herein described as Documents 2, 3 and 4) with the Salvation Army so as to resolve appeals to the Wellington Street West Official Plan Amendment 93 (Secondary Plan) and Zoning By-law 2011-216 pertaining to the Salvation Army lands 2. The following amendments to incorporate changes agreed to through the above-noted Minutes of Settlement, and direct that the City Clerk and Legal Department request that the Ontario Municipal Board (OMB) approve: a. The “Proposed Modifications to By-law 2011-216” and approve By law 2011-216 as modified (Document 2); b. The “Proposed Modifications to Official Plan Amendment 93” (Document 3) and approve By-law 2011-211 as modified. 3. The “Proposed Modifications to Wellington Street West Community Design Plan (Document 4) to incorporate changes agreed to through the above noted Minutes of Settlement and the amended Zoning By-law 2011-216 and Official Plan Amendment 93. 4. The Proposed Advisory – Bethany Hope Site and Grace Manor Site (Document 5) to incorporate changes agreed to through the above noted Minutes of Settlement and the amended Zoning By-law 2011-216 and Official Plan Amendment 93. 5. The General Manager, Planning and Growth Management and the City Clerk and Solicitor be delegated the power to authorize minor changes to the Minutes of Settlement consistent with this report. MOTION TO ADOPT REPORTS (Councillors D. Deans and T. Tierney) NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING) MOTION TO INTRODUCE BY-LAWS (Councillors D. Deans and T. Tierney) THREE READINGS a) A by-law of the City of Ottawa to change the name of Glendenning Court, a municipal highway in the City of Ottawa, to Boxwood Court. b) 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 1125, 1129, 1133, 1137, 1145 and 1149 Cyrville Road. c) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Akerson Road). d) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Salisbury Street). e) A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes. f) 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, R.S.O. 1990, c.T.8. g) A by-law of the City of Ottawa to change the name of Brisebois Crescent, a municipal highway in the City of Ottawa, to voie Eric Czapnik Way. h) A by-law of the City of Ottawa to change the name of Sevenoak Avenue, a municipal highway in the City of Ottawa, to avenue Oakglade Avenue. i) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Pennant Avenue, Egret Way, Regatta Avenue). j) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Crestway Drive). k) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Lakeshore Drive). l) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Half Moon Bay). m) A by-law of the City of Ottawa to close the untravelled portion of Richardson Side Road, located in the City of Ottawa. n) 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 3650 and 3658 Jockvale Road. o) 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 8 Hobin Street. p) 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 2233 Mer Bleue Road and Part of 2168 Tenth Line Road. q) 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 4699 Bank Street. r) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Rutherglen Terrace). s) 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. t) 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 2129 Nantes Street. u) 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 2084 Montreal Road. w) 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 175 Richmond Road. x) A by-law of the City of Ottawa to establish a lobbyist registry and establish the position and duties of the Lobbyist Registrar of the City of Ottawa. y) A by-law of the City of Ottawa to designate certain lands at 100 to 172 Lerta Way, 200 to 230 Gerry Lalonde Drive and 553 to 567 Strasbourg Street as being exempt from Part Lot Control. z) A by-law of the City of Ottawa to designate certain lands at 105 and 107 Claridge Drive, 17 and 19 Gentian Heights, 126 and 128 Watershield Ridge as being exempt from Part Lot Control. aa) A by-law of the City of Ottawa to designate certain lands at 173 Claridge Drive as being exempt from Part Lot Control. bb) A by-law of the City of Ottawa to designate certain lands at 645 Longfields Drive as being exempt from Part Lot Control. cc) A by-law of the City of Ottawa to designate certain lands at 400, 402, 408, 428, 430, 434, 401 to 515 (odd only), 425, 427 and 431 to 435 (odd only) Arncliffe Avenue; 298 to 304 (even only) 310, 314 and 320 to 330 (even only) Celtic Ridge Crescent; 274 to 278 (even only) Maxwell Bridge Way; 933 to 939 (odd only) Klondike Road as being exempt from Part Lot Control. dd) A by-law of the City of Ottawa to designate certain lands at 583 Carina Crescent as being exempt from Part Lot Control. ee) A by-law of the City of Ottawa to amend By-law No. 2006-273 to appoint certain Municipal Law Enforcement Officers. CONFIRMATION BY-LAW (Councillors D. Deans and T. Tierney) INQUIRIES ADJOURNMENT (Councillors D. Deans and T. Tienery) Simultaneous interpretation of these proceedings is available. Please speak to the attendant at reception. NOTICE In Camera Items are not subject to public discussion or audience. Any person has a right to request an independent investigation of the propriety of dealing with matters in a closed session. A form requesting such a review may be obtained, without charge, from the City’s website or in person from the Chair of this meeting. Requests are kept confidential pending any report by the Meetings Investigator and are conducted without charge to the Requestor. OTTAWA CITY COUNCIL 16 AGENDA 39 WEDNESDAY, 29 AUGUST 2012