Planning Committee MINUTES 40 Tuesday, 11 September 2012, 9:30 a.m. Champlain Room, 110 Laurier Avenue West Present: Councillor P. Hume (Chair) Councillor J. Harder (Vice-Chair) Councillors S. Blais, R. Bloess, R. Chiarelli, K. Hobbs, A. Hubley, B. Monette, S. Qadri and M. Taylor DECLARATIONS OF INTEREST No declarations of interest were filed. CONFIRMATION OF MINUTES Minutes 39 of the Planning Committee meeting of 23 August 2012. CONFIRMED STATEMENT REQUIRED FOR PLANNING ACT FOR MATTERS SUBMITTED POST JANUARY 1, 2007 The Chair read a statement required under the Planning Act, which advised anyone intending to appeal the proposed Comprehensive Zoning By-law and Official Plan Amendments listed as Items 2 to 8 on the agenda that they must either voice their objections at the public meeting or submit comments in writing prior to the Amendments being adopted by City Council on 26 September 2012, failing which, the Ontario Municipal Board might dismiss all or part of the appeals. In addition, it was noted that applicants could appeal these matters to the Ontario Municipal Board if Council did not adopt amendments within 120 days for Zoning, or 180 days for an Official Plan Amendment, of receipt of the applications. He also advised that with respect to Item 8 - Omnibus Zoning Bylaw Amendments - contrary to notices mailed, and appearing in newspapers in August, the topic of “Definition for Three-Unit and Secondary Dwelling Units in Duplexes” would not be discussed at the current Meeting, and that staff would continue to review this topic. He advised those wishing to make comments on this topic to provide same to Staff. COMMUNICATIONS Responses to Inquiries CC 10-12 Hiring of FoTenn Consultants for Planning Approvals RECEIVED PLC 04-12 Feasibility of implementing the Ecology Ottawa proposal with respect to funding of housing upgrades RECEIVED PRESENTATION 1. IBM SMARTER CITIES CHALLENGE - “SETTING THE STAGE” FOR FUTURE DEVELOPMENT ALONG OTTAWA’S LIGHT RAIL TRANSIT CORRIDOR CITY-WIDE REPORT RECOMMENDATION: That the Planning Committee receive this verbal presentation for information. Chair Hume and Ms. Nancy Schepers, Deputy City Manager, Planning and Infrastructure, introduced this item and welcomed Mr. Norm Chatelier, Research Program Manager, IBM, who provided a PowerPoint slide presentation overview (held on file with the City Clerk) of the IBM Smarter Cities Challenge initiative and how it would benefit Ottawa’s transit-oriented “smart growth”. Ottawa was one of the 2012 winners (and one of only two Canadian Cities and 33 cities worldwide) in the IBM Smarter Cities Challenge, a US $50 million grant program that furnishes expert advice from IBM consultants to 100 progressive municipalities.  Mr. Chatelier then introduced the IBM team of participants, who will engage on a consulting exercise on future development along the Ottawa Light Rail Transit corridor: * Ms. Kate Chess, Executive, Worldwide Solutions; * Mr. Hamid Khafagy, Executive Architect; * Ms. Louise Plourde, Executive, Business Transformation and I.T.; * Mr. Michael Stevens, Senior Marketing Manager, Software Group; * Ms. Leslie Thomas, Executive, Eastern US Mainframe Software; and * Ms. Zena Washington, Global Marketing Manager, Social Business. In his concluding remarks, Chair Hume thanked Mr. Chatelier and the IBM team for providing the skills and dedication to help transform the City of Ottawa. Ms. Schepers then signed a formal agreement to initiate the partnership between the City and IBM. RECEIVED PLANNING AND INFRASTRUCTURE PLANNING AND GROWTH MANAGEMENT 2. ZONING - 302 LONGFIELDS DRIVE ACS2012-PAI-PGM-0188 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 302 Longfields Drive from Residential Third Density Subzone Z, [1648] to Residential Third Density Subzone Z [XXXX], Residential Third Density Subzone U [1649] to Residential Third Density Subzone U [YYYY], Parks and Open Space Zone to Residential Third Density Subzone U [YYYY] and Residential Third Density Subzone U [1649] to Parks and Open Space Zone, as detailed in Document 2 and as shown in Document 1. Mr. Colin White, Program Manager, Development Review, Suburban Services Branch (South-west Unit), Planning and Growth Management Department (PGM) spoke to a PowerPoint slide presentation (held on file with the City Clerk) to provide the Committee with a brief overview of the report. The following delegations spoke in opposition to the report recommendation: * Ms. Norine Wiens; and * Ms. Sharon Grace. Both parties requested adjournment of the consideration of this item, citing a plan that had changed considerably since its original proposal, contained confusing wording and increased density (a change from the original proposal for low-density residential development), inadequate greenspace, excessive traffic and too short a time-frame to provide for consultation and review with the community. Staff noted that the original proposal preceded the establishment of the Ottawa Community Lands Development Corporation (OCLDC) in 2007, part of whose function was to review plans consistent with current policies and market realities. Mr. White assured that despite community perceptions, traffic would be below capacity, would have good connectivity and would promote modal split. It was also noted that a standard zoning notification process had been followed and that overall, the zoning was not intended to add units that had not been originally envisioned by the City’s former Real Property Asset Management Branch. The following delegation spoke in support of the recommendation and to provide details of the benefits to be offered by the proposed development: * Mr. Miguel Tremblay, FoTenn Consultants, and Mr. Kevin Yemm, Richcraft Group of Companies. Mr. Tremblay noted the remaining applications would still require an amendment to the Plan of Subdivision to reconfigure the blocks and park area, which would, to a degree, serve as a substitute for the site plan process. He said the development was oriented to the future park, which had been expanded as a part of the plan of subdivision application. Mr. Tremblay suggested the zoning would ‘tweak’ some of the zone provisions to make the product a better ‘fit’ that would exceed municipal requirements. A Request to Speak form was received, via fax, the day after the meeting from the following, indicating opposition to the report recommendation (the individual had not been present at the meeting on the previous day). * Ms. Christine Saikaley. As staff had noted there was no site plan process following the zoning in this case, which would otherwise offer an opportunity for further input, Committee discussion included suggestions of deferral to the meeting of 25 September 2012 to allow for additional consultation. Councillor Chiarelli then moved the following: Moved by Councillor R. Chiarelli: MOTION NO PLC 40/1 That consideration of this item be deferred for two weeks to allow for additional community consultation. (subsequently WITHDRAWN) Further discussions centred upon the appropriateness of deferral, given that the issues raised did not deal with zoning matters, per se. Vice-Chair Harder encouraged the delegations to communicate with her office and with staff over the next two weeks, so that any outstanding zoning-related issues could be addressed before this item would be considered by Council at its meeting of 26 September 2012. Councillor Chiarelli subsequently withdrew his Motion to defer. At the conclusion of discussions, the recommendation was put before Committee and was CARRIED as presented. 3. ZONING - PART OF 175-425 MARCH VALLEY ROAD AND 940 KLONDIKE ROAD ACS2012-PAI-PGM-0075 KANATA NORTH (4) REPORT RECOMMENDATION: That the Planning Committee recommend Council approve an amendment to Zoning Bylaw 2008-250 to change the zoning of part of 175 and 425 March Valley Road, 940 Klondike Road and part of Lots 9 and 10, Concession 4, Geographic Township of March, described as Parts 7, 10, 14 and 16 on Plan 4R-16049 to permit the three-year extension for a golf course, as shown in Document 1 and detailed in Document 2. CARRIED Mr. Murray Chown, Novatech Engineering Consultants Inc., was present in support of the report recommendation, but did not speak. 4. ZONING - 1213 WOODROFFE AVENUE ACS2012-PAI-PGM-0201 COLLEGE (8) REPORT RECOMMENDATION: That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1213 Woodroffe Avenue from R1O, Residential First Density Zone, to R2G, Residential Second Density Zone, as shown in Document 2. CARRIED Mr. Bill Holzman, Holzman Consultants Inc., acting as an agent on behalf of the applicant, was present in support of the report recommendation, but did not speak. 5. ZONING - 801 ALBERT STREET ACS2012-PAI-PGM-0196 SOMERSET (14) REPORT RECOMMENDATIONS: That the Planning Committee recommend Council: 1. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 801 Albert Street from MC[1351] F(1.5) - h “Mixed-Use Centre, Exception 1351, holding zone”, to MC[****], Schedule **** - h, “Mixed Use Centre, Exception [****], Schedule [****], Schedule [****], holding zone as detailed in Documents 2, 3 and 4; and 2. Approve an amendment to the Zoning By-law, 2008-250 to add a new Part to the by-law to include Zoning By-law provisions passed pursuant to Section 37 of the Planning Act. Mr. Simon Deiaco, Planner, Development Review, Urban Services Branch, PGM, provided a brief PowerPoint slide presentation overview of the report (held on file with the City Clerk). Mr. John Smit, Manager, Development Review, Urban Services Branch, PGM, was also present to respond to questions. Ward Councillor Diane Holmes asked questions related to Section 37 benefits (of the Ontario Planning Act), whereby municipalities are granted the right to pass bylaws allowing developers to build in excess of that which height and density zoning would normally allow, in exchange for facilities, services or other matters. Mr. Tim Marc, Senior Legal Counsel, Corporate Development and Environmental Law Branch, City Clerk and Solicitor’s Department, said the list of benefits was not extensive, and that an outline could be provided before this item would be considered by Council at its meeting of 26 September 2012. The Committee then heard from the following delegations in opposition to the report recommendations: * Mr. Eric Darwin, Dalhousie Community Association, who questioned whether adequate pedestrian and traffic studies had been undertaken for this intensification-oriented project. He asked that this report be sent back for further analysis and additional consultation on Section 37 benefits for the community. * Mr. Paul Webber (Bell, Baker LLP) and Ms. Michelle Armstrong (FoTenn Consultants), on behalf of Equity Realty, who spoke mainly to a lack of communication between the neighbouring parties, and suggesting that DCR Phoenix was planning its site in isolation, without factoring in future development on the adjacent site. Mr. Webber said his preference would be to be able to meet with the developer, and asked that consideration of the report be deferred to allow more time for such communication. Councillor Holmes questioned the speed with which approval for the rezoning was being sought, given that the site plan and servicing plans were incomplete, whereas other downtown sites had received full municipal approvals. She said she hoped Committee would consider deferring the matter. Mr. Smit explained that Committee had last considered this matter in 2010, and had directed staff to continue discussions with the proponent to respond to issues raised at that time. He said much progress had been made with respect to urban design, integration and infrastructure, and that from staff’s perspective, the work staff had been directed to undertake with respect to rezoning was now concluded. * Ms. Michelle Perry, Village Green Community Association, spoke to height and transportation and traffic safety issues, noting that approval of this zoning was being rushed in advance of the completion of the area’s Community Design Plan, and would add a density in excess of 20 times that of the target. She also spoke of the need for micro-climate and shadow studies. The following delegations spoke in support of the report recommendations: * Mr. Michael Boucher, Manager of Planning for DCR Phoenix Homes (the applicant), and; * Mr. Vince Colizza, Project Architect. Mr. Boucher also introduced the DCR Phoenix technical team, Mr. David Cook (Traffic Consultant), Ms. Kelly Rhodenizer (Willis and Associates Planning), Mr. Doug Kelly (Legal Counsel), and Mr. Demetrius Yannoulopoulos (IBI Group, to speak to servicing issues, as needed). A written submission was received from the following in opposition to the report recommendation: * Ms. Jacqueline Wood*. [ * All individuals marked with an asterisk either provided their comments in writing or by email; all such comments are held on file with the City Clerk. ] Mr. Boucher explained that he had, heretofore, been unaware that Equity Realty had not had sufficient time to review the application, despite repeated overtures by DCR Phoenix to meet and discuss the plan and related connectivity issues. He added that Section 37 requirements were partly responsible for the prolonged delays, as the City had not provided the proponent with detailed calculations for the ‘uplift’ (required to raise the grade of the subject property to street level). Mr. Colizza then spoke to the history of the planning study process for the project. Discussions included questions on easements, infrastructure and rights-of-way, and a request for deferral so that the parties could better coordinate discussions on development between their neighbouring properties. Mr. Marc noted that many issues could be dealt with during the site plan process, and that agreements for access to a future pedestrian link on the privately-owned property could form part of a future Section 37 agreement and could be registered on title. The Committee did not move to defer consideration of this item; hence, the recommendation was put before Committee and was CARRIED as presented. 6. RESOLUTION OF ONTARIO MUNICIPAL BOARD APPEAL - ZONING 1440 BANK STREET ACS2012-PAI-PGM-0215 CAPITAL (17) REPORT RECOMMENDATION: That Planning Committee recommend Council approve an amendment to Zoning By-law No. 2008-250 to change the zoning of 1440 Bank Street from AM1 - Arterial Mainstreet, Subzone 1 to AM1[1913] - Arterial Mainstreet, Subzone 1, Exception [1913] as shown on Document 1 and as detailed in Document 2. CARRIED 7. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - THIRD REPORT 2012 ACS2012-PAI-PGM-0213 CITY-WIDE PLANNING COMMITTEE REPORT RECOMMENDATION: That the Planning Committee recommend that Council approve the amendments recommended in Column III of Document 1 and as shown in Document 3, to change Zoning By-law 2008-250 and repeal certain subsections of By-law 2012-147, which amended Zoning By-law 2008-250 to implement regulations for the development of low-rise infill housing in mature neighbourhoods, all of which are for the purpose of correcting anomalies. This item was first considered at the Agriculture and Rural Affairs Committee meeting of 6 September 2012: AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT RECOMMENDATION: That the Agricultural and Rural Affairs Committee recommend that Council approve the amendments recommended in Column III of Document 2 and as shown in Document 3, to correct anomalies in Zoning By-law 2008-250. MOTION No. ARA 24/2 Moved by Councillor S. Blais 1. That Report ACS2012-PAI-PGM-0213 be amended by deleting: a) Items 4 and 5 from Document 2 – List of Anomalies and Modifications to Zoning By-law 2008-250 For the Consideration of the Agricultural and Rural Affairs; and, b) Attachments 11 and 12 from Document 3 – List of Site Specific Location Maps. 2. That no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED Sarah Millar Martin of FoTenn Consultants had requested to speak as a delegation but declined with the passage of the amending motion which she agreed with. The amended report recommendation was put to the Committee and CARRIED as amended as follows: That the Agricultural and Rural Affairs Committee recommend that Council approve the amendments recommended in Column III of revised Document 2 (Items 4 and 5 deleted) and as shown in revised Document 3 (Attachments 11 and 12 deleted), to correct anomalies in Zoning By-law 2008-250 and that no further notice be provided to Section 34(17) of the Planning Act. At the Planning Committee meeting of 11 September 2012, written submissions were received from the following parties in support of the report recommendations: * Mr. Daniel Proulx, on behalf of 6708455 Canada Inc.* (Re: New exception to be applied to reinstate permission to store recreational vehicles outdoors); * Ms. Sacha van den Hanenberg, on behalf of Masicotte Construnction Ltd.* (Re: 319 and 325 Palace Street and 91, 95, 97 and 103 Selkirk Street); * Ms. Darlene Field* (Re: 550 and 560 Goulbourn Forced Road); and * Mr. Frederick Cogan, on behalf of Le Cordon Bleu* (Re : 468 Wilbrod Street). A submission was received from the following party in opposition to the report recommendations: * Mr. Michael Polowin (Gowlings)*, on behalf of Prestwick Bldg. Corp., Haslett Construction Inc., the Greater Ottawa Home Builders’ Association, Marino (Ottawa) Group, Ltd., Uniform Urban Developments and Surface Developments, Inc. [ * All individuals marked with an asterisk either provided their comments in writing or by email; all such comments are held on file with the City Clerk. ] The report recommendation to the Planning Committee was “CARRIED” as presented. In addition to the above, staff had requested that the Planning Committee approve a technical amendment to ensure that the amendments carried by the Agriculture and Rural Affairs Committee at its meeting of 6 September 2012 were also approved by the Planning Committee, as the only report to Council on this matter would be Planning Committee Report No. 36. Vice-Chair Harder moved the following: MOTION NO PLC 40/2 Moved by Councillor J. Harder: 1. That Report ACS2012-PAI-PGM-0213 be amended by deleting: a) Items 4 and 5 from Document 2 – List of Anomalies and Modifications to Zoning By-law 2008-250 For the Consideration of the Agricultural and Rural Affairs; and, b) Attachments 11 and 12 from Document 3 – List of Site Specific Location Maps. 2. That no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED The report recommendations were then put to Committee and were CARRIED, as amended by Motion No PLC 40/2. 8. OMNIBUS ZONING BY-LAW AMENDMENTS ACS2012-PAI-PGM-0111 CITY-WIDE PLANNING COMMITTEE REPORT RECOMMENDATION: That the Planning Committee recommend Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Document 1 and as shown in Document 3. This item was first considered at the Agriculture and Rural Affairs Committee meeting of 6 September 2012: AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT RECOMMENDATION: That the Agriculture and Rural Affairs Committee recommend Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Document 2. CARRIED At the Planning Committee meeting of 11 September 2012, a written submission was received from the following party in opposition to the report recommendation: * Mr. Michael Polowin (Gowlings)*, on behalf of Prestwick Bldg. Corp., Haslett Construction Inc., the Greater Ottawa Home Builders’ Association, Marino (Ottawa) Group, Ltd., Uniform Urban Developments and Surface Developments, Inc. [ * All individuals marked with an asterisk either provided their comments in writing or by email; all such comments are held on file with the City Clerk. ] Staff had requested that Committee approve a technical amendment to this item to ensure that the Planning Committee recommendation included changes proposed not only in Document 1 and shown in Document 3, but also for those City Wide Issues detailed in Document 2 in the report. Vice-Chair Harder moved the following: MOTION NO PLC 40/3 Moved by Councillor J. Harder: That the Planning Committee recommend Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Documents 1 and 2, and as shown in Document 3, and that there be no further notice pursuant to Section 34(17) of the Planning Act. CARRIED The report recommendations were then put to Committee and were CARRIED, as amended by Motion No PLC 40/3. INFORMATION PREVIOUSLY DISTRIBUTED A. WELLINGTON STREET - STREET NAME CHANGE ACS2012-PAI-PGM-0222 SOMERSET (14) RECEIVED INQUIRY Vice-Chair Harder submitted the following Inquiry (PLC 06-12): Roughed-in Servicing for Water Features for Future Parks “Please advise the process whereby servicing to any future park areas would be roughed in to allow for affordable investment in water features at a later date during “build” of community.” ADJOURNMENT The Committee meeting was adjourned at 12:10 p.m. Original signed by Original signed by C. Zwierzchowski Councillor P. Hume Committee Coordinator Chair Note: 1. Except where otherwise indicated, reports requiring Council consideration will be presented to Council on 26 September 2012 in Planning Committee Report 36. 2. Copies of all correspondence, presentations and related reference material received and marked with an asterisk ( * ) are held on file with the City Clerk. PLANNING COMMITTEE MINUTES 40 11 SEPTEMBER 2012 13