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Planning Committee

Comité de l’urbanisme

 

Minutes 32 / ProcÈs-verbal 32

 

 

Tuesday, 10 April 2012, 9:30 a.m.

le mardi, 10 avril 2012, 9 h 30

 

Andrew S. Haydon Hall, 110 Laurier Avenue West

Salle Andrew S. Haydon, 110, avenue Laurier ouest

 

 

 

Present / Présent :      Councillor / Conseiller P. Hume (Chair / Président)

Councillor / Conseillère J. Harder (Vice-Chair / Vice-présidente)

Councillors / Conseillers S. Blais, R. Chiarelli, K. Hobbs

A. Hubley, B. Monette, S. Qadri, M. Taylor

 

Absent / Absent :        Councillor / Conseiller R. Bloess

 

DECLARATIONS OF INTEREST

DÉCLARATIONS D’INTÉRÊT

 

No declarations of interest were filed.

 

 

 

CONFIRMATION OF MINUTES

RATIFICATION DES PROCÈS VERBAL

 

Minutes 31 of the Planning Committee meeting of 13 March 2012.

 

                                                                                                            CONFIRMED



STATEMENT REQUIRED FOR PLANNING ACT MATTERS SUBMITTED POST JANUARY 1, 2007

DÉCLARATION POUR LES QUESTIONS SOUS LA LOI SUR L’AMENAGEMENT DU TERRITOIRE PRÉSENTÉES APRÈS LE 1ER JANVIER 2007                                                                 

 

The Chair read a statement relative to the Official Plan and Zoning By-law amendments listed as Item 3, and the Zoning By-Law Amendments listed as Items 1 and 4 to 8 on the agenda.  He advised that only those who made oral submissions at the meeting or written submissions before the amendment was adopted may appeal the matter to the Ontario Municipal Board (OMB.) In addition, the applicant may appeal the matter to the OMB if Council does not adopt an amendment within 120 days for Zoning, and 180 days for an Official Plan Amendment, after receipt of the application

 

 

COMMUNICATIONS

COMMUNICATIONS

 

Responses to Inquiries/ Réponses aux demandes de renseignements

 

PLC 01-12      Affordable Rental Buildings / immeubles de location abordables

PLC 02-12      Iraq Embassy Property at 187 Lansdowne Road/ Ambassade d’Iraq, située au 187, promenade Lansdowne

CC 04-12        MAP Access for Members of Council and Councillor’s Assistants / Accès au système MAP pour les membres du Conseil et les adjoints aux conseillers

 

                                                                                                RECEIVED

 

 

INFORMATION PREVIOUSLY DISTRIBUTED

INFORMATION DISTRIBUÉ AUPARAVANT

 

A.        UPDATE ON STAFF REPORT ACS2012-ICS-PGM-0017, ZONING 2781, 2791, 2797 BASELINE ROAD AND 2704, 2706, 2724 AND 2734 DRAPER AVENUE

MISE À JOUR SUR LE RAPPORT DU PERSONNEL ACS2012-ICS-PGM-0017, ZONAGE DES 2781, 2791 ET 2797, CHEMIN BASELINE  ET DES 2704, 2706, 2724 ET 2734, AVENUE DRAPER

ACS2012-PAI-PGM-0105 - IPD                                          COLLEGE / COLLÈGe (8)

 

                                                                                                RECEIVED


 

POSTPONEMENTS AND DEFERRALS

REPORTS ET RENVOIS

 

1.         ZONING - 2781, 2791, 2797 BASELINE ROAD AND 2704, 2706, 2724, 2734 DRAPER AVENUE

ZONAGE – 2781, 2791, 2797, CHEMIN BASELINE ET 2704, 2706, 2724, 2734, AVENUE DRAPER

ACS2012-ICS-PGM-0017                                                     COLLEGE / COLLÈGe (8)

 

Deferred from the Planning Committee meeting of 10 January 2012 /

 

REPORT RECOMMENDATION

 

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning provisions of the Residential Fifth Density Subzone A Exception Holding Zone (R5A[1700] S247-h) for 2781, 2791, 2797 Baseline Road 2704, 2706, 2724 and 2734 Draper Avenue as detailed in Document 2.

 

Lloyd Phillips, for Greatwise Development Corporation, was present in support of deferral.  He also submitted a letter dated 29 March 2012, a copy of which is on file with the City Clerk.

 

Committee deferred this report by means of the following motion:

 

MOTION NO PLC 32/1

 

            Moved by Councillor R. Chiarelli

 

WHEREAS discussions have continued with respect to the rezoning of this development;

 

AND WHEREAS these discussion have resulted in the proposal below;

 

AND WHEREAS, prior to Committee and Council consideration of this proposal, it is appropriate that there be one further opportunity for consultation;

 

THEREFORE BE IT RESOLVED that the following amendments to the zoning for 2781, 2791, 2797 Baseline Road and 2704, 2706, 2724, 2734 Draper Avenue be tabled, to be listed with the disposition of this Committee meeting so as to be available through the City’s website

 

·                     Maximum number of residential units permitted-400

·                     Residential uses of the R5A zone are permitted in Area A and Area B

·                     Maximum Gross Floor Area permitted-34000 m2

·                     Maximum permitted building heights to be regulated through a revised schedule

o        Area A:  17.0m. above grade to a maximum of 4.5 storeys.

o        Area B:  18.0m. above grade to a maximum of 5 storeys.

o        Area B only - A structure that accommodates gym, party room, other amenity uses but no residential units is a permitted projection above the maximum building height, to a maximum of 4.0 m.

 

·                     Minimum Setbacks to be regulated with a revised schedule in accordance with the following :

o        Baseline Road - 3.0 metres

o        Morrison Drive - 6.0 metre

o        Draper Avenue - 6.0 metres

o        Interior Side Yard - 6.0 metre

 

 
s

 

·                     Permitted Projections

·                     Minimum Parking Rates for

o        commercial uses:- 1 space per 92.9m2 of GFLA for any commercial use

o         residential uses:  1 space per unit, visitor 0.2 spaces per unit

o        non-required commercial parking is permitted to be shared with residential visitor spaces only in Area B.

·                     Permitted commercial uses: bank machine, restaurant, bar, convenience store, retail store, retail food store, office, outdoor commercial patio, personal service business, instructional facility and recreational and athletic facility.

 

·                     Commercial use provisions

o   Commercial uses are permitted only on the ground floors of buildings adjacent to Baseline Road in Area B.

o   Maximum gross leaseable floor area per individual tenancy  for commercial uses -325.15m2

o   Total maximum gross leaseable floor area for the zone - 1115 m2

 

·                     Outdoor patio’s Notwithstanding the provisions of Section 85 of the zoning by-law,  an Outdoor Commercial Patio is permitted only in and anywhere in Area B, except within 30.0m of the east side of this zone.

·                     Areas A and B are shown on the following page.[0]

BE IT FURTHER RESOLVED THAT this matter be deferred to the next 8 May 2012 meeting of Planning Committee at 9:30 a.m.

 

                                                                                                            CARRIED

                                                                                                           

 

2.         FRONT – ENDING AGREEMENT – STORMWATER MANAGEMENT POND 3, TRIBUTARY ALTERATIONS AND OVERSIZED TRUNK STORM SEWERS, RIVERSIDE SOUTH COMMUNITY

ENTENTE DE FINANCEMENT PRÉALABLE – BASSIN DE RÉTENTION DES EAUX PLUVIALES NO 3 ET DES ÉGOUTS PLUVIAUX SURDIMENSIONNÉS, COMMUNAUTÉ DE RIVERSIDE-SUD

ACS2011-ICS-PGM-0199                              gloucester south nepean sud (22)

 

Deferred from the Planning Committee meeting of 25 October 2011

 

REPORT RECOMMENDATIONS

 

That Planning Committee recommend 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 Management Pond 3, 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, Infrastructure Services and Community Sustainability and the City Clerk and Solicitor;

2.                  Approve the expenditure of $18,472,000 plus applicable taxes and indexing for the design and construction, and land costs of Pond No. 3 from development charges collected pursuant to By-law 2009-217 subject to the execution of the Front-Ending Agreement;

3.                  Approve the expenditure of $1,145,000 plus applicable taxes and indexing for alterations to Tributary No. 3, $489,900 plus applicable taxes and indexing for alterations to Tributary No. 4, $396,060 plus applicable taxes and indexing for alterations to Tributary No. 7A, $861,120 plus applicable taxes and indexing for alterations to Tributary No. 7B, $1,462,800 plus applicable taxes and indexing for alterations to Tributary No. 10, and $2,760,000 plus applicable taxes and indexing for fish compensation from development charges collected pursuant to By-law 2009-217 subject to the execution of the Front-Ending Agreement;

4.                  Authorize the City to enter into subdivision agreements which provide for the repayment of storm sewer oversizing set at $9,877,000 plus applicable taxes in accordance with the principles set forth in Document 2;

5.                  Authorize the City to enter into subdivision agreements, which provide for the remuneration of land costs associated with Pond 3; and

6.                  Authorize the City to establish a new internal order in the amount of $35,463,880 plus applicable taxes and indexing.

Mary Jarvis, Riverside South Development Corporation, was present in support of the recommendations.

The report recommendation was CARRIED as presented.

 

 

planning and infrastructure

Urbanisme et Infrastructure

 

PLANNING and growth management

URBANISME et Gestion de la croissance

 

3.         OFFICIAL PLAN AMENDMENT AND ZONING – 3311 WOODROFFE AVENUE

MODIFICATION AU PLAN OFFICIEL ET ZONAGE – 3311, AVENUE WOODROFFE

ACS2012-PAI-PGM-0079                              gloucester south nepean sud (22)

 

REPORT RECOMMENDATION

 

That the Planning Committee recommend Council:

 

1.                  Approve and adopt an amendment to Volume 2A of the Official Plan – Secondary Plan Nepean Areas 4, 5, and 6 to redesignate 3311 Woodroffe Avenue from Business Park to Business Park – Special Policy Area, as detailed in Document 2; and

 

2.                  Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3311 Woodroffe Avenue from DR to GM5 [XXXX] and from DR to GM9 [XXXX] as shown in Document 1 and detailed in Document 3.

 

Brian Casagrande, FoTenn Consultants, was present for the applicant in support of the application.

 

MOTION NO PLC 32/2

 

Moved by Councillor J. Harder:

 

Whereas report ACS2012-PAI-PGM-0079 recommends zoning changes to the lands known municipally as 3311 Woodroffe Avenue;
 

AND WHEREAS the intent of report ACS2012-PAI-PGM-0079 is to permit the uses allowed under Section 2.1.1 Business Park - Permitted Uses of the South Nepean Urban Area - Areas 4, 5 and 6 Secondary Plan with regulations that require primary uses to occupy at least 51% of the floor area and ancillary uses to occupy a maximum of 49% of the floor area;

 

AND WHEREAS Document 3 of said report does not clearly differentiate between the primary and secondary uses;

 

THEREFORE BE IT RESOLVED that the said report be amended by replacing Item number 1 of Document 3 with the following:

 

That the report be amended by replacing Item number 1 of Document 3 with the following:

 

1.         A new exception, GM5[xxxx], will be added to Section 239 - Urban Exceptions and will contain provisions that implement the following:

a.         the following uses be added to column III - Additional Land Uses Permitted of exception [xxxx]:

            - bank

            - convenience store

            - day care

            - post office

            - research and development centre

            - service and repair shop

            - technology industry

            - training centre

 

b.         the following uses be added to column IV - Land Uses Prohibited of exception [xxxx]:

           - bed and breakfast

           - hotel

 

c.         the following provisions be added to column V - Provisions of exception [xxxx]:

- the total cumulative gross floor area of the following ancillary uses may not exceed 49% to a maximum of 1560 square metres:

            - artist studio

            - convenience store

            - personal service business

            - restaurant

            - retail store

            - service and repair shop

- where a drive through facility is provided in combination with an ancillary use it must be included in the maximum gross floor area set out above

- Table 103 which provides a maximum parking restriction for lands situated within 600 metres of a designated transit station does not apply

 

That there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

                                                                                                CARRIED

 

The report recommendations were put to Committee and CARRIED, as amended.

 

 

 

4.         ZONING – 337 SUNNYSIDE AVENUE

ZONAGE – 337, AVENUE SUNNYSIDE

ACS2012-PAI-PGM-0083                                                   capital / capitale (17)

 

REPORT RECOMMENDATION

 

That the Planning Committee recommend Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of 337 Sunnyside Avenue from Residential Third Density Subzone Q (R3Q[487]) to Residential Fourth Density, Subzone V, Exception [xxxx] (R4V[xxxx]), as shown in Document 1 and detailed in Document 2.

           

Kersten Nitsche, Planner, provided an overview of the application and staff’s rationale for recommending approval. A copy of her PowerPoint presentation is held on file with the City Clerk.

 

Committee received the following written submissions, copies of which are held on file with the City Clerk:

 

·         Joint letter dated 9 April 2012 from Tawnia Albert and Daphné Lahens; Michael Assal and Gill Alexander-Assal; Shoshana Magnet and Robert Smith; Tim Boreham and Cindy Tutt; Graham and Karen Cowen; Tom Regan

·         Comments dated 10 April 2012 from Brendan McCoy, Old Ottawa South Community Association.

 

Committee heard from the following public delegations:

 

Brendan McCoy, Old Ottawa South Community Association* was opposed to the application as proposed.  As outlined in his written comments on file, the Community Association was prepared to refrain from objecting to the proposal conditional on the roof top patio being removed from the design and site plan. However, with the patio in place they could not support it.  

 

 

Michel Assal and Daphne Lehens,* residents of Sunnyside Avenue, spoke on behalf of four other sets of neighbours, as noted in their written submission on file. *They opposed the application as presented. As outlined in greater detail in the comments on file, they opposed the spot-zoning of the site and the proposed through-lot designation of the site, and expressed concerns with Hydro line clearance, massing and shadow casting.

 

David McNicoll, resident of Sunnyside Avenue, was opposed to the report recommendations as presented.  Specifically, he was opposed to spot-zoning the property to R4, given that the surrounding area is almost exclusively R3. He suggested consideration of R4 Zoning for the area would be best considered as part of the Comprehensive Zoning By-law review.

 

Vincent Colizza, project architect, was present for the applicant in support of the application.  He indicated that they had stepped back the roof top patio, in addition to providing a landscaped buffer.

           

            * Comments held on file with the City Clerk

 

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

 

                                                                                               

 

5.         ZONING – 145-151 MEADOWLANDS DRIVE

ZONAGE – 145-151, PROMENADE MEADOWLANDS

ACS2012-PAI-PGM-0100                                                    COLLEGE / COLLÈGE (8)

 

REPORT RECOMMENDATION

 

That the  Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 145, 147, 149 and 151 Meadowlands Drive, shown in Document 1, from Residential R1FF (Residential First Density Subzone FF) to R4Z[XXXX] SXXX (Residential Fourth Density Subzone Z, Exception zone with a Schedule, as detailed in Documents 2 and 3.

 

Committee received an E-mail dated 9 April 2012 from Reynald and Leanne Thompson, a copy of which is held on file with the City Clerk:

 

Committee heard from the following public delegations:

 

Deanna Stearns, Meadowlands Steering Committee was present in support of the staff recommendation. Based on Negotiations with the applicant, the steering committee is willing to accept the revised plan as long as it complies with the performance standards outlined in the report.

 

Nancy Meloshe was present in support on behalf of the applicant, in support of the report recommendations.  

 

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

 

 

6.         ZONING – PART OF 90 WOODRIDGE CRESCENT AND PART OF 100 BAYSHORE DRIVE

ZONAGE – PARTIE DU 90, CROISSANT WOODRIDGE ET PARTIE DU 100, PROMENADE BAYSHORE

ACS2012-PAI-PGM-0085                                                                   bay / baie (7)

 

REPORT RECOMMENDATION

 

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 90 Woodridge Crescent from R5A[1164] H(34) to R5A[XXXX] H(34) and by amending Exception [1160], and to change the zoning of part of 100 Bayshore Drive by amending Exceptions [199] and [433], all of which is to permit a temporary parking lot for a period of three years, as shown on Document 1 as detailed in Document 2.

 

Ron Clarke, Delcan, was present for the applicant in support of the application.

                                                                                               

The report recommendation was CARRIED.

 

 

7.         ZONING - 200 LOCKHART AVENUE

ZONAGE - 200, AVENUE LOCKHART 

ACS2012-PAI-PGM-0077                                                                     bay/baie (7)

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 200 Lockhart Avenue from Community Leisure Facility Zone (L1) to Residential Fifth Density Subzone P exception zone with a height limit of 26 metres, R5P [XXXX] H(26m) as shown in Document 1 and detailed in Document 2.

 

Brian Casagrands, FoTenn Consultants, was present for the applicant in support of the application.

 

The report recommendation was CARRIED.

 


 

8.         ZONING – 145 CLARIDGE DRIVE

ZONAGE – 145 PROMENADE CLARIDGE

ACS2012-PAI-PGM-0054                                                                BARRHAVEN (3)

 

REPORT RECOMMENDATION

 

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 145 Claridge Drive from Minor Institutional Zone (I1A) to Residential Third Density Zone, Subzone YY with an Exception (R3YY[XXXX]H(12)) as shown in Document 1 and detailed in Document 2.

 

                                                                                                CARRIED

 

 

9.         FRONT – ENDING AGREEMENTS – TRAFFIC SIGNALS FOR BANK STREET AT ANALDEA DRIVE, NORTH INTERSECTION

ENTENTES DE FINANCEMENT PRÉALABLE – FEUX DE CIRCULATION SUR LA RUE BANK À LA HAUTEUR DE LA PROMENADE ANALDEA, INTERSECTION NORD

ACS2012-pai-PGM-0080                                     gloucester south nepean (22)

 

REPORT RECOMMENDATIONS

 

That the Planning Committee recommend Council:

 

1.                  Authorize the City to enter into a Front-Ending Agreement with Claridge Homes (Leitrim) Inc. for the installation of traffic signals at the Bank Street and Analdea Drive north intersection as set forth in Document 2 and the Council approved Front-Ending Policy in Document 3 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 Clerk and Solicitor; and

 

2.                  Approve the expenditure of $175,000 plus applicable taxes in 2018 to reimburse Claridge Homes (Leitrim) Inc. in accordance with Document 4, subject to the option for deferral of payment detailed in Document 3, for traffic signals at the Bank Street and Analdea Drive north intersection, subject to the execution of the Front-Ending Agreement.

 

                                                                                                CARRIED

 


 

10.       LOW-RISE INFILL HOUSING IN MATURE NEIGHBOURHOODS

AMÉNAGEMENTS INTERCALAIRES DE FAIBLE HAUTEUR DANS LES QUARTIERS BIEN ÉTABLIS

rideau-Vanier (12), Rideau-Rockcliffe (13)

ACS2012-PAI-PGM-0097                              Somerset (14), Kitchissippi (15), Capital (17)

 

REPORT RECOMMENDATIONS

 

That Planning Committee recommend Council approve:

 

1.                  An amendment to the Zoning By-law 2008-250 to include a new section which provides regulations for infill development as detailed in Document 2;

 

2.                  The Urban Design Guidelines for Low-Rise Infill Housing as detailed in Document 3;

 

3.                  The proposed changes to the City’s submission requirements and procedures – including procedures and fees for new planting, the Urban Tree Conservation By-law and the Drainage By-law as detailed in Document 4 and direct the appropriate branches to implement these changes within eight months of Council approval of this report; and

 

4.         The addition of one Full-Time Employee for the Forestry Services Branch as a pressure to the draft 2013 budget, in order to ensure that the amendments to the Urban Tree Conservation By-law can be implemented;

 

Committee received the following written submissions, copies of which are held on file with the City Clerk.

·         Letter dated 10 April 2012 from Action Sandy Hill

·         Comments dated 10 April 2012 from the Westboro Community Association

·         Comments dated 10 April 2012 from the Wellington Village Community Association

·         Letter dated 10 April 2012 from the Westboro Beach Community Association

·         Letter dated 9 April 2012 from the Dalhousie Community Association

·         Comments dated 10 April 2012 from the Old Ottawa South Community Association

·         Letter dated 9 April 2012 from the Glebe Community Association

·         Comments dated 5 April and 10 April 2012 from the Champlain Park Community Association

·         E-mail dated 5 April 2012 from Patrick Quealey on behalf of the Environmental Advisory Committee

·         E-mail dated 29 March 2012 from Don Paskovich

·         E-mail dated 10 April 2012 from David Orfald

·         Speaking Notes dated 10 April 2012 from George Georgaras

·         Comments dated 10 April 2012 from Michael Wright

·         E-mail dated 9 April 2012 from Katherine Bennett

·         Comments dated 10 April 2012 from Lynne Bankier 

·         Presentation dated 10 April 2012 from Mary-Ellen Kot

·         E-mail dated 10 April 2012 from Patricia Baumbach

·         E-mail dated 9 April 2012 from Paul McConnell

·         E-mail dated 9 April 2012 from Stephen Pope

·         E-mail dated 31 March 2012 from Tiina Baumbach

 

Selma Hassan, Planner, provided an overview of the staff report and recommendation.  She did so by means of a PowerPoint presentation, a copy of which is held on file with the City Clerk.

 

Committee heard from the following delegations:

 

Rosaline Hill, representative of industry working group that participated in the consultations on the report, spoke on behalf of Prestwick Building Corporation.  She requested the item be deferred to staff to consult further with stakeholders and refine their proposal. She suggested that the consultation undertaken to date was not sufficient.  She noted that the industry group had submitted substantial comments, and while staff had addressed some of those concerns, they had not gone far enough. There remained issues requiring clarification, reconsideration.  For example, she pointed out that the wording of the proposed provision limiting roof top projections did not meet staff’s intent because it included parapets and chimneys within the allowable square footage limit.

 

George Georgaras,* representative of the industry working group, spoke on behalf of Uniform Urban Developments.  As detailed in the comments held on file, he expressed concerns with the proposed changes and recommendations with respect to existing and new trees, changes to drawing requirements, final grading inspection/ certification and landscape implementation. He requested Committee refer the report back to staff to continue consultations with stakeholders to refine and revise the recommendations.

 

Michael Wright,* representative of the industry working group, spoke on behalf of Bedrock Developments, Legacy Homes, Jose Dinis and Jose Dires.  As detailed in the comments held on file, he expressed concerns with respect to the proposed provisions for rear yard parking and the potential effect upon the building industry. Specifically, he felt the amendments to limit carports and garages, and requirements for rear yard parking would severely impact the ability of small home builders to meet the expectations of their market. He requested that the report be deferred for further review and consultation between staff and stakeholders.

 

Miguel Tremblay, representative of the industry working group, spoke on behalf of Surface Developments, Marino Construction, Doyle Homes and Fanto Group. He sought deferral to allow for more consultation between staff and stakeholders. He expressed discomfort with the restrictions on garage doors and carports fronting on public streets.  He suggested these issues were better handled within the City’s Urban Design Guidelines, rather than Zoning, as the former approach allows more flexibility for staff and developer to adapt to community context.  He expressed the importance of also considering the needs of new homeowners when considering these matters.

 

Jacques Hamel, Hamel Design Inc, representative of the industry working group, spoke for Petrelli Construction, Conti Corp and Sirois and Sons.  He expressed concerns with respect to the provisions relating to calculation of existing grade, suggesting they would result in a net loss in permitted building heights.  He made the following recommendations with respect to calculation of existing grade:

·         Eliminate all street centre line points from the calculation

·         Use the four points at corner of the required or varied setback rather than the four corners of the lot

·         Use average grade calculations along the setback lines in an averaging situation rather than individual points, as this is more indicative and eliminates local anomalies.

·         More thought needs to be given to when grade is calculated, as there are frequently legitimate reasons to vary the grade during construction, including accommodating civic infrastructure.

He requested that approval of this section of the report be deferred so that a more reasoned and equitable method for calculating grade can be proposed.

 

Murray Chown, Novatech, representative of the industry working group, spoke for Haslett Construction, Falsetto Homes, Tony Cassone and Miroca Design. He supported the concerns of previous speakers and recommended deferral of the report to allow for more discussions with industry and community associations. He suggested there had not been sufficient time to review the revised guidelines.  He further spoke to the value the infill industry provided to the city by developing ground-oriented family housing in developed and serviced areas. He suggested such development, which mitigated urban boundary pressures and supported the City’s planning objectives, should be encouraged, not discouraged.  He was concerned that the proposals would harm the industry.  

 

Michael Polowin, representative of the industry working group, spoke for Marino Group and Roca Homes.  He supported the remarks made by previous speakers, and indicated that the others supported his remarks.  He asked for deferral and direction to staff to work further with the industry on the report.  He identified two legal concerns with the City proceeding as staff recommends.  Firstly, he expressed concern with zoning provisions applying differently to new construction.  He suggested there was no authority in the Planning Act to do this.  Secondly, he questioned whether it was within the authority of the municipality to include landscaping and external design features in zoning provisions.  He noted that Section 41 of the Act (Site Plan Control) spoke to external design, but Section 34 (Zoning) did not, arguing such matters were firmly an issue of site plan control and not zoning.

 

Doug Kelly and Stan Levine spoke specifically to the property located 570, 572, 574, 576, 578 and 580 Athlone Avenue, requesting that it be exempted from the proposed provisions of the report.

 

After describing the background story of the site, he noted that minor variances had been granted to permit the redevelopment the property, and a development agreement was in place between the City and the applicant.  As outlined in Councillor Hobbs motion below, City staff supported this exemption.  

 

Mary-Ellen Kot* spoke in support of approving the report and recommendations.  Her PowerPoint presentation outlined examples of good and bad infill, and identified issues arising from infill and their impact on her neighbourhood in Wellington Village. A copy of her presentation is held on file.

 

Heather Pearl, Champlain Park Community Association (CPCA)* spoke in support of approving the report and recommendations. The comments held on file outline the specific points of agreement with the Zoning by-law changes and infill guidelines.  She indicated that the CPCA looked forward to participating in the study that will address building height, mass and scale.

 

Lynne Bankier,* resident of Champlain Park, spoke in support of approving the report and recommendations.   As outlined in detail in the comments held on file, she spoke to how the proposed provisions addressed concerns with infill in her neighbourhood.  

 

Gary Ludington Westboro Community Association* spoke in support of approving the report and recommendations. However, he expressed some minor concerns with wording and implementation of some provisions. These are outlined in detail in the comments held on file.

 

John Dance and Paul Goodkey Ottawa East Community Association, Ottawa East Community Association,* spoke in support of approving the report and recommendations. They suggested the guidelines and associated Zoning by-law amendments, while not perfect, supported their supported the association’s objectives, would clarify expectation of infill in mature neighbourhoods, reduce the burden at Committee of Adjustment, and provide a fair and reasonable constraint on local developers.

 

Daniel Buckles spoke in support of approving the report and recommendations. In particular, he supported the recommendations with respect to protection of trees, including protection of critical root zones for trees on neighbouring properties. He suggested the proposed amendments would contribute to protecting existing trees and the City’s tree canopy.  He supported early engagement of Forestry Services in the planning process, and the proposed development of guidelines for engaging with communities on these issues.

 

Bobby Galbreath, Glebe Community Association (GCA)* indicated that, while the GCA had supported the study, it had some concerns with respect to the effects of the proposed measures. 

 

As outlined in detail in the comments on file, these concerns included the impacts of the Zero parking requirement on on-street parking; loss of permeable surface and green space as cars move off the street into backyard, and the fact that the design control measures outlined in the Guidelines overstep the boundaries between planning and design. He argued that the effects of the proposed provisions needed be better understood before they were adopted.

 

Brendan McCoy, Old Ottawa South Community Association* spoke in support of approving the report and recommendations, but expressed disappointment that the present study did not deal with the issues of massing, heights and setbacks.  His detailed comments are on file.

 

Sophie Beecher, Action Sandy Hill (ASH)* spoke in support of approving the report and recommendations, but raised additional concerns with respect to Sandy Hill.  As detailed in the comments on file, ASH proposes that the concept of infill must be better defined in the guidelines to clarify their scope of application, and that further study be done to have the bylaw changes and the guidelines should apply to converted dwellings.

 

Linda Hoad, Hintonburg Community Association spoke in support of approving the infill guidelines, noting that staff’s analysis confirmed some of the community concerns with respect to the form infill developments were taking.  She specifically supported the provisions with respect to garages, and the enhanced application requirements for infill projects.  She emphasized the importance of the proposals in building infill that fit within the community context.

 

Don Stewart, Westboro Beach Community Association* spoke in support of the infill guidelines. However, he had some additional comments and concerns with respect to no parking space required, front yard soft landscaping and rooftop projection above the height limit.  These are outlined in detail in the comments on file.

 

Katie Paris, Wellington Village Community Association* spoke in support of the infill guidelines. However, he had some additional comments, concerns and requests for clarification. These are outlined in detail in the comments on file.

 

Councillor Clark spoke on behalf of the community associations in his ward, in support of the recommendations.

 

            *Presentation and/or written comments held on file with the City Clerk.


 

MOTION NO PLC 32/3

 

Moved by Councillor K. Hobbs:

 

WHEREAS minor variances were granted to permit the redevelopment of 570, 572, 574, 576, 578 and 580 Athlone effective August 19th, 2010;

 

AND WHEREAS such redevelopment is generally in accordance with the Official Plan of the City of Ottawa;

 

AND WHEREAS it is anticipated that the completion of this redevelopment will occur beyond the two year transition period provided for in the implementation of the Infill Housing Report;

 

THEREFORE BE IT RESOLVED THAT section 139(x) of the proposed by-law amendment be modified to exempt the development permitted at 570, 572, 574, 576, 578 and 580 Athlone by the Committee of Adjustment’s decision of 2010 from the provisions of the proposed infill modifications.

 

                                                                                                CARRIED

 

MOTION NO PLC 32/4

 

Moved by Councillor K. Hobbs:

 

WHEREAS the infill study addresses issues of new constructions in mature neighbourhoods, with the goal of making infill projects more compatible with neighbouring properties; and,

 

WHEREAS similar compatibility challenges arise with building conversions; and,

 

WHEREAS these compatibility challenges have and are being experienced in particular in Sandy Hill, AND

 

WHEREAS Site Plan Approval is the best tool for ensuring that building conversions are compatible with the neighbourhood; and, 

 

WHEREAS new constructions are subject to Site Plan Approval for 3 units and above;

 

THEREFORE BE IT RESOLVED that all building conversions to 3 units and above in Sandy Hill as defined by the Sandy Hill secondary plan be subject to Site Plan Approval as a pilot project to assess if this would assist in addressing current compatibility challenges and to ensure that the guidelines are being met

 

BE IT FURTHER RESOLVED that staff report back to Planning Committee on this pilot project within 3 years with recommendations.

MOTION NO PLC 32/5

 

 

MOTION NO PLC 32/5

 

Moved by Councillor K. Hobbs:

 

WHEREAS a key direction of the Official Plan is to ensure that redevelopment is compatible with existing development; and

 

WHEREAS residents of the mature neighbourhoods of Capital Ward (namely Old Ottawa South, Old Ottawa East and the Glebe) have expressed concerns that the front-yard parking recommendations in the Low-Rise Infill Housing Report are not compatible with the existing development in those neighbourhoods; and

 

WHEREAS the City is able to move forward with the proposed rezoning for low-rise infill while also seeking professional planning advice with respect to the specific potential for further changes to the zoning permitting front-yard parking in the specified areas in Capital Ward; and

 

THEREFORE BE IT RESOLVED THAT the City Clerk and Solicitor be directed to seek to retain a professional planning opinion with respect to the means by which front-yard parking would only be permitted in lots with a minimum width of 5.6 metres in the mature neighbourhoods of Capital Ward (namely Old Ottawa South, Old Ottawa East and the Glebe); and

 

BE IT FURTHER RESOLVED THAT this work, which has an estimated cost of $30,000, proceed only upon the written confirmation of the Ward Councillor for Ward 17 that his office budget will provide $15,000 of the funding for the assignment, with the balance to come from the budget of the Planning and Growth Management Department.

 

 

BE IT RESOLVED THAT Council consideration of this matter be delayed to its meeting of 9 May 2012.

 

BE IT FURTHER RESOLVED THAT Staff review the suggested amendments put forward by the Industry Working Group, Community Associations and other delegations to determine which can be incorporated into the proposed report and that this review be done before the matter is considered by City Council so that motions can be brought forward at Council to make changes where appropriate.

 

                                                                                                CARRIED

 

MOTION NO PLC 32/5

 

Moved by Councillor J. Harder:

 

BE IT RESOLVED THAT Council consideration of this matter be delayed to its meeting of 9 May 2012.

 

BE IT FURTHER RESOLVED THAT Staff review the suggested amendments put forward by the Industry Working Group, Community Associations and other delegations to determine which can be incorporated into the proposed report and that this review be done before the matter is considered by City Council so that motions can be brought forward at Council to make changes where appropriate.

 

                                                                                                CARRIED

 

The report recommendations were put to Committee and CARRIED, as amended.

 

This report will be presented to Council on 8 May 2012

 

 

11.       2011 ANNUAL REPORT PURSUANT TO THE BUILDING CODE ACT

RAPPORT ANNUEL DE 2011 PRESCRIT PAR LA LOI SUR LE CODE DU BÂTIMENT

ACS2012-PAI-PGM-0069                            city-wide / À l’Échelle de la ville

 

REPORT RECOMMENDATIONS

 

That the Planning Committee recommend that Council approve the 2011 Annual Report pursuant to the Building Code Act.

 

                                                                                                CARRIED

 

 

12.       Building Code Services - Vacant building official Positions

SERVICES DU BÂTIMENT – POSTES VACANTS D'AGENTS DU BÂTIMENT

ACS2012-PAI-PGM-0098                            city-wide / À l’Échelle de la ville

 

The Planning Committee recommend that Council receive and approve:

 

 

1.                  That the Building Official I position #10031455 remain open; and


 

2.                  That if any Building Official Intern, Building Official I, II, III, or Specialist position remains open (vacant) for a period greater than two years from the date that it last had an owner, or the original creation date, the position not be declared as surplus to the Corporation’s needs and that the budget allocation and FTE(s) associated with the position not be removed from the corresponding departmental budget.

 

                                                                                                CARRIED

 

ADDITIONAL ITEM

POINT SUPPLÉMENTAIRE

 

13.       EXEMPTION FROM THE DEMOLITION CONTROL BY-LAW FOR THE PROPERTY SITUATED AT 807 MAPLEWOOD AVENUE

            EXEMPTION AU RÈGLEMENT SUR LES DÉMOLITIONS POUR LA PROPRIÉTÉ SITUÉE AU 807, AVENUE MAPLEWOOD

ACS2012-CMR-PLC-0006                                                                    BAY/BAIE (7)

 

MOTION NO PLC 32/7

 

Moved by Councillor M. Tayor:

 

That the Planning Committee approve the addition of this item for consideration by the Committee at today’s meeting, pursuant to subsection 84(3) of the procedure by-law (Being By-Law No. 2006-462).

 

                                                                                                CARRIED

 

 

MOTION NO PLC 32/8

 

Moved by Councillor M. Taylor:

 

WHEREAS the Demolition Control By-law was introduced by the former City of Ottawa to control or reduce the depletion of residential rental units, either being demolished outright or converted into condominium units;

 

AND WHEREAS the By-law provides the property owner the choice to apply to Council for an exemption to the by-law, which if approved requires the applicant to enter into an agreement with the City to demolish and build within a fixed period of time, failing which a penalty applies;


 

AND WHEREAS the owner of 807 Maplewood has met with Planning and Growth Management staff and has indicated that he will be filing applications related to the development of the site shortly and expects to be in a position to begin development of the site in the Fall of 2012;

 

 
 

AND WHEREAS the Ward Councillor has indicated his support for exempting this property from the requirements of the Demolition Control By-law;

 

THEREFORE BE IT RESOLVED THAT that 807 Maplewood 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, sodded or se

 

 
eded 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; and

3.         The Owner submits planning applications within one year of April 24, 2012; the building permit is submitted within two years of April 24, 2012 and construction substantially completed within three years of April 24, 2012.

 

 

14.

 

 
       DRAFT BILL 20, AN ACT TO AMEND THE BUILDING CODE, 1992

            PROJET DE LOI 20, LOI MODIFIANT LA LOI DE 1992 SUR LE CODE DU BÂTIMENT

ACS2012-CMR-PLC-0004                            City-Wide/ à l’échelle de la ville

 

MOTION N

 

 
O PLC 32/9

 

Moved by Councillor J. Harder

 

That the Planning Committee approve the addition of this item for consideration by the Committee at today’s meeting, pursuant to subsection 84(3) of the procedure by-law (Being By-Law No. 2006-462).

 

                                                                                                CARRIED

 

 

 

 

 

MOTION NO PLC 32/10

 

Moved by Councillor J. Harder

 

 

 

 
Be It Resolved That Planning Committee recommend to Council that

 

1.                  Council endorse the expression of concerns with respect to Bill 20 contained with the letter attached as Document 1 to this motion.[1]

 

2.                  The Chair, Planning Committee be requested to forward this letter to the Standing Committee on Social Policy

 

                                                                                                CARRIED

 

 
 

This report will be presented to Council on 11 April 2012

 

 

NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING)

AVIS DE MOTION (POUR EXAMEN LORS D’UNE RÉUNION SUBSÉQUENTE)

 

No notices were submitted.

 

INQUIRIES

 

 

DEMANDES DE RENSEIGNEMENTS

 

No inquiries were submitted.

 

ADJOURNMENT

LEVÉE DE LA SEANCE

 

The Committee adjourned the meeting at

 

 
3:50 p.m.

 

 

 

 

Original signed by                                                                  Original signed by

Caitlin Salter-MacDonald                                  Councillor P. Hume

                                                                 

 

 
                                                                                         

Committee Coordinator                                     Chair

 

 



 

 

 

 

 

[0]  Areas A & B (Motion PLC 32/1) - Tabled proposal for 2781, 2791, 2797 Baseline Road 2704, 2706, 2724 and 2734 Draper Avenue

[1]  Document 1 to J. Harder Motion

 

April 11, 2012                                                                                                                                                           DOCUMENT 1

 

Mr. Ernie Hardeman

MPP Oxford

Chair

Standing Committee on Social Policy

99 Wellesley Street West

Room 1405, Whitney Block

Toronto, On  M7A 1A2

 

Dear Mr. Hardeman:

 

Re:   Draft Bill 20, An Act to Amend the Building Code, 1992

 

It is our understanding that the Standing Committee of Social Policy is considering the above noted draft Bill.  It is also our understanding that many stakeholders were not notified of the proposed deliberations and thus were unable to provide comments as to the potential impacts of the proposed amendment to the Building Code Act. 

 

The proposed Bill raises a number of concerns both from a policy and practical standpoint.  Since the adoption of the Building Code Act and Ontario Building Code in 1974 and 1975 respectively, the building regulatory regime has focused on new construction with building officials reviewing proposed construction plans and then inspecting actual construction at various stages of completed construction and taking action to ensure compliance before occupancy.  To date, the Code has been enforced on a going forward basis only as there is no retroactivity in the application of the Building Code standards. 

 

The draft Bill is proposing that municipalities commence to enforce maintenance and rehabilitation standards, a significant deviation from the present regulatory regime’s approach to ensuring minimum building standards are incorporated into new construction province-wide.   The specialized resources, permit review and inspections processes, support and record systems, processes, by-laws, etc.,  developed and introduced to effectively meet the legislative mandate has been entirely focused on new construction.  To introduce the proposed change in direction, that of imposing minimum standards retroactively, would require an in depth review and determination of impacts and resource requirements, etc.

 

The proposed draft Bill would have this municipality, undertaking activities that

·         would tax our limited resources

·         would increase our exposure to risk liability (if an inspector is inspecting the installation of the detector, how will he/she proceed through the building without noting other conditions considered to be unsafe?  How will the City be able to avoid liability because an unsafe condition was not observed and acted upon when the Inspector reviewed the installation of the detector – to what extent should the Inspector inspect in order to ensure the City would not be exposed to liability should there be other deficiencies or hazards?)

·         Would not be cost recoverable – the City would expend at least $200 in costs per dwelling unit to enforce the installation of a $10 - 20 detector.  A fee of at least $200 will be considered disproportionate to the cost of the detector and thus unacceptable by the building owner.

 

 

There are other opportunities that should be explored before mandating the installation of these detectors in older buildings, such as incentive programs the Province could introduce that reward prudent and responsible building owners.  Public education, voluntary compliance and incentives would burden municipalities and the Province to a lesser degree than a mandatory decree and enforcement activities to ensure compliance. 

 

We urge the Provincial Standing Committee to consider seeking input from various stakeholders, such as municipalities, the Association of Municipalities of Ontario, the Large Municipalities Chief Building Officials group, the Ontario Building Officials Association, building owners, etc prior to finalizing the review of the draft Bill.  While we support any initiative that improves public safety, we recommend that such initiative be pursued with the involvement of stakeholders.

 

Thank you for your attention in this matter.

 

 

Sincerely,

 

 

Peter E. Hume

Chair, Planning Committee of Council

City of Ottawa

 

 

cc:           The Honourable Kathleen Wynne, Minister of Municipal Affairs and Housing   

Katch Koch, Clerk, Standing Committee on Social Policy

                Arlene Grégoire, Chief Building Official, City of Ottawa

                George Kotsifas, Chair of the Large Municipalities Chief Building Officials

                Leo. J. Cusumano, President, Ontario Building Officials Association

                Gary McNamara, President, Association of Municipalities of Ontario (AMO