Planning and Housing Committee

Minutes

Meeting #:

41

Date:

Wednesday, February 05, 2025

Time:

9:30 A.m. - 3:30 P.m.

Location:

Champlain Room, 110 Laurier Avenue West, and by electronic participation

Present:

• Chair: Councillor Jeff Leiper, 
• Vice-chair: Councillor Glen Gower, 
• Councillor Riley Brockington, 
• Councillor Cathy Curry, 
• Councillor Laura Dudas, 
• Councillor Laine Johnson, 
• Councillor Theresa Kavanagh, 
• Councillor Clarke Kelly, 
• Councillor Catherine Kitts, 
• Councillor Wilson Lo, 
• Councillor Tim Tierney, 
• and Councillor Ariel Troster 

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1.

Notices and meeting information for meeting participants and the public

Notices and meeting information are attached to the agenda and minutes, including: availability of simultaneous interpretation and accessibility accommodations; in camera meeting procedures; information items not subject to discussion; personal information disclaimer for correspondents and public speakers; notices regarding minutes; and remote participation details.

Accessible formats and communication supports are available, upon request.

Except where otherwise indicated, reports requiring Council consideration will be presented to Council on Wednesday, February 12, 2025, in Planning and Housing Committee Report 41.

The deadline to register by phone to speak, or submit written comments or visual presentations is 4 pm on Tuesday, February 4, 2025, and the deadline to register by email to speak is 8:30 am on Wednesday, February 5, 2025.

This is a public meeting to consider the proposed Comprehensive Official Plan and Zoning By-law Amendments listed as Item(s) 4.1, 4.2 and 4.4 on today’s Agenda.

For the items just mentioned, only those specifically identified in the Planning Act who make oral submissions today or written submissions before the amendments are adopted may appeal the matter to the Ontario Land Tribunal. In addition, the applicant may appeal the matter to the Ontario Land Tribunal if Council does not adopt an amendment within 90 days of receipt of the application for a Zoning By-law Amendment and 120 days for an Official Plan Amendment.

To submit written comments on these amendments, prior to their consideration by City Council on February 12, 2025, please email or call the Committee or Council Coordinator.

2.

Declarations of Interest

No Declarations of Interest were filed.

3.

Confirmation of Minutes

3.1

PHC Minutes 40 – Wednesday, January 15, 2025

• Carried

4.

Planning, Development and Building Services Department

4.1

Zoning By-law Amendment – 16 Anna Avenue and 1160 Carling Avenue

File No. ACS2025-PDB-PSX-0014 – River (16)

Samantha Gatchene, Planner II, Planning, Development and Building Services (PDBS), provided an overview of the report and answered questions from the Committee.  A copy of the slide presentation is filed with the Office of the City Clerk.

The Committee heard from the following delegations:

1. Annie Woo* expressed concern with the approval of this application resulting in the loss of affordable housing, safety of children due to configuration, increased parking and lack of transparency.
2. Bernard Sullivan* spoke in opposition to the application to rezone, noting lack of visible signage, parking issues, traffic congestion.  Concerns were also expressed with the potential of future buildings on the site, if the property was sold.

[    * Individuals / groups marked with an asterisk above either provided comments in writing or by e-mail; all submissions and presentations are held on file with the Office of the City Clerk. ]

The Applicant/Owner as represented by Tamara Nahal, Fotenn Planning + Design provided an overview of the Application and responded to questions from Committee.  A copy of the slide presentation is filed with the Office of the City Clerk.

The following written submissions were received by, and are filed with, the Office of the City Clerk, and distributed to Committee Members:

• Email dated January 31, 2025 from Bob Crout
• Email dated February 2, 2025 from Jonathan Coles
• Email dated February 2, 2025 from Carole Horgan
• Email dated February 2, 2025 from Eamon Colevin
• Email dated February 3, 2025 from Kevin Anderson

Following discussion and questions of staff, the Committee carried the report recommendations as presented.

• Report Recommendation(s)

  1. That Planning and Housing Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 16 Anna Avenue and 1160 Carling Avenue, as shown in Document 1, to permit a day care in the existing detached dwelling and to consider the properties one lot for zoning purposes, as detailed in Document 2.
  2. That Planning and Housing Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of February 12, 2025, subject to submissions received between the publication of this report and the time of Council’s decision.
  Carried

4.2

Zoning By-law Amendment – 225 Cope Drive and 166 Shelleright Street

File No. ACS2025-PDB-PSX-0012 – Kanata South (23)

The Applicant/Owner as represented by James Ireland, Novatech was present in support, and available to answer questions.  The Applicant advised that they did not need to address the Committee if the item carried.

The Committee Carried the report recommendations as presented.

• Report Recommendation(s)

  1. That Planning and Housing Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 225 Cope Drive and 166 Shelleright Street, as shown in Document 1, to revise the site-specific zoning exception to reduce the corner side yard setback for detached dwellings from 4.5 metres to 3 metres and to remove the site-specific exception requiring the minimum parking space length for a townhouse to be 5.5 metres, as detailed in Document 2.
  2. That Planning and Housing Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of February 12, 2025,” subject to submissions received between the publication of this report and the time of Council’s decision.
  Carried

4.3

Greenfield Residential Land Survey, Mid-2023 Update

File No. ACS2025-PDB-PS-0013 – City-wide

Maddie Harreman-Fernandes, Planner II, Planning, Development and Building Services (PDBS), provided an overview of the report and answered questions from the Committee.  Royce Fu, Manager, Policy Planning, PDBS was also present and responded to questions.  A copy of the slide presentation is filed with the Office of the City Clerk.

Following discussion and questions of staff, the Committee received the report recommendations as presented.

• Report Recommendation(s)

  That Planning and Housing Committee receive this report for information.

  Received

4.4

Official Plan and Zoning By-law Amendments for Battery Energy Storage Systems (BESS)

File No. ACS2025-PDB-PSX-0005 – City-wide

This Item will be considered by Agriculture and Rural Affairs Committee on January 23, 2025.

Melissa Jort-Conway, Planner III, Planning, Development and Building Services (PDBS), provided an overview of the report and answered questions from the Committee.  A copy of the slide presentation is filed with the Office of the City Clerk.

The following staff were also present and responded to questions:

PDBS

• Royce Fu, Manager, Policy Planning
• Derrick Moodie, Director, Planning Services

Emergency and Protective Services

• Paul Hutt, Fire Chief

The Committee heard from the following delegations:

1. Angela Keller Herzog, CAFES* outlined issues related to climate change, energy transition, Economic Development and Energy, Energy Planning vs Land Use Planning and safety and environmental safeguards. CAFES asks staff to consult with Hydro Ottawa and strike an energy task force with key stakeholders.
2. Goutam Shaw supports comments from CAFES and noted that the City will increasingly require more energy and should use a data based approach to enabling this.
3. Mark McGowan* encouraged the City to pause and take more time to get this right. Current setbacks are not acceptable and spoke to the Provincial minimum distance separation as a land use planning tool.
4. Kathy Black* expressed concerns with setbacks, installation of facilities in rural areas and effects on crops, livestock and well drinking water. More public engagement is encouraged until a robust review is completed.
5. Don Sproule* spoke to what is happening with BESS globally and in Ottawa and provided a bigger context to the approve of installations in Ottawa and effects on climate, noting weather disruptions are only going to be more frequent and severe.
6. Janice Ashworth, Dunsky Energy + Climate Advisors* spoke to the role of BESS in communities and outlined benefits related to local communities as well as Ontario wide benefits, and outlined concerns and mitigation strategies.
7. Shirley Dolan expressed concerns related to light pollution, water contamination and increased risk of fires. Installation of BESS should be considered in industrial zones as opposed to farmland.
8. Mark Kellenberger, DNV Canada* outlined components of the company related to BESS touching on safety features, best practices, code landscape and burn testing.
9. Alex Simakov and Geoff Wright, Evolugen provided background on their company and spoke to the benefits and importance of BESS, noting the desire to double clean power capacity over the next 25 years. Ottawa needs to remain competitive and ensure that a clear signal is being conveyed that it is open to BESS opportunities.
10. Raymond Leury, Electric Vehicle Council of Ontario (EVCO)* spoke to safety regulations and questioned the reason for more restrictions as it reduces choices and increases costs, and progress takes time and costs taxpayers money.
11. Courtney Argue urged the committee to reconsider the setback requirements for the proposed installations and expressed concerns related to safety, fire hazards and environmental implications.

[  * Individuals / groups marked with an asterisk above either provided comments in writing or by e-mail; all submissions and presentations are held on file with the Office of the City Clerk. ]

The following written submissions were received by, and are filed with, the Office of the City Clerk, and distributed to Committee Members:

• Letter dated January 29, 2025 from Ottawa Hydro
• Email dated February 3, 2025 from Leigh Fenton
• Email dated February 3, 2025 from Bruce Collier
• Email dated February 4, 2025 from John Kirkwood
• Email dated February 5, 2025 from Andrew Thiele, Energy Storage Canada

Councillor Kelly introduced the following Direction to staff, however, subsequently withdrew it in order to consult with staff prior to Council consideration on February 12, 2025 on language of the direction.

That staff explore the feasibility of scaled setbacks based on the size of battery storage facilities and report back to both the Agricultural & Rural Affairs Committee and Planning & Housing Committee before the end of Q2 2025.

Following discussion and questions of staff, the Committee carried the report recommendations as amended by PHC Motion 2025-41-01.

• Report Recommendation(s)

  That Planning and Housing Committee recommend Council:

  1. Approve amendments to the Official Plan adding a new Section 4.12 and giving land use policy direction for the siting of Battery Energy Storage Systems, as either a principal or accessory use, as summarized in Document 1; 
  2. Approve amendments to the Zoning By-law 2008-250 adding a definition for Battery Energy Storage System as well as adding provisions for the siting of Battery Energy Storage Systems that are accessory to residential and non-residential uses in the urban and rural area as summarized in Document 2; 
  3. Approve that decisions on future requests for Municipal Support Resolution(s) that are associated with a Battery Energy Storage System as a principal use project be voted on separately as part of the consideration for the required Zoning By-law Amendment application;
  4. Approve amendments to the Site Plan Control By-law No. 2014-256 as detailed in Document 5; and
  5. Approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of February 12, 2025,” subject to submissions received between the publication of this report and the time of Council’s decision.
  Carried as amended
• Amendment:
  Motion No. PHC 2025-41-01
  Moved by C. Kitts

  WHEREAS Battery Electric Storage System (BESS) facilities are an important and growing aspect of clean and efficient energy grids; and

  WHEREAS ensuring regulatory clarity will help provide confidence to residents and proponents alike that these facilities are being fairly and properly reviewed; and

  WHEREAS according to a 2023 report from the Ontario Energy Board (OEB), a typical electricity customer in Ontario uses roughly 25 kWh of electricity per day; and 

  WHEREAS based on the size to mega-watt hour (mWh) storage of other modern BESS facilities, a 1 hectare facility could provide 50mWh of storage which could provide power to roughly 2000 typical customers for one day; and

  WHEREAS based on the current staff report, there are circumstances in which such a capacity and footprint could be considered an Accessory Use despite the intent of an Accessory Use being that these facilities be intended to provide the power needs of a site and are limited by the supply of the building’s energy loads; and

  WHEREAS the proper notification about proposed large scale or principal use BESS facilities to local representatives is an important way to ensure that social license for these facilities can be secured. 

  THEREFORE BE IT RESOLVED that Document 2 Details of Recommended Zoning By-law Amendment to report ACS2025-PDB-PS-0016 regarding Official Plan and Zoning By-law Amendments for Battery Energy Storage Systems (BESS) be revised by adding the underlined text below to the proposed new Section 91-A entitled “Accessory Battery Energy Storage System (BESS)”, sub-section 1(c)(i):

  (1)           An Accessory Battery Energy Storage System is permitted:
  (c)           In any non-residential zone, other than the EP, ME, and MR zones, and outside of the flood plain overlay, either enclosed within a building or other accessory structure or unenclosed, subject to the following:

  (i)    they may not exceed 20 per cent of the total lot area or 1 hectare, whichever is the lesser;

  BE IT FURTHER RESOLVED that principal use BESS facilities require notification to the impacted Ward Councillor at the earliest possible stage in the planning and development process.

  Carried

5.

Motions of Which Notice has been Previously Given

5.1

Motion – Councillor J. Leiper – Shelter Use in all Zones

File No.: ACS2025-OCC-CCS-0002 - Citywide

At the outset, Chair Leiper yielded the Chair to Vice Chair Gower as he reintroduced his motion, providing background and reasoning for putting it before committee for consideration.

Prior to receiving the delegation, Councillor Lo introduced the following two amendments to the main motion:

1. THEREFORE BE IT RESOLVED THAT motion ACS2025-OCC-CCS-0002, Shelter Use in All Zones, be amended to include 1005/1045 Greenbank Road and 3311 Woodroffe Avenue as sites required to seek a rezoning to permit shelter as a use.

BE IT FURTHER RESOLVED THAT regardless of the modification to By-law 2008-250 effected as a result of this motion, any shelter use at 40 Hearst Way, 1005/1045 Greenbank Road, and 3311 Woodroffe Avenue would be required to seek a re-zoning to permit shelter as a use, and that staff provide the necessary zoning language to give effect to this direction.

2. THEREFORE BE IT RESOLVED THAT motion ACS2025-OCC-CCS-0002, Shelter Use in All Zones, be amended to apply only to the downtown, inner urban, and outer urban transects.

THEREFORE BE IT RESOLVED THAT staff be directed to bring forward a proposed amendment to By-law 2008-250 that would permit shelter use in all urban zones in the downtown, inner urban, and outer urban transects, consistent with the proposal in the draft comprehensive zoning by-law and Official Plan, at the earliest opportunity; and,

The Committee heard from the following delegations:

• Kaite Burkholder Harris

The following written submissions were received by, and are filed with, the Office of the City Clerk, and distributed to Committee Members:

• Email dated February 5, 2025 from Pam Deavy

The following staff were present and responded to questions:

Planning, Development and Building Services

• Carol Ruddy, Program Manager, Zoning & Intensification
• Derrick Moodie, Director, Planning Services

Strategic Initiatives

• Geraldine Wildman, Director, Housing Solutions and Investments

Community and Social Services

• Kale Brown, Director, Housing

Councillor Lo introduced 2 motions to amend the Chair Leiper’s main motion, which both Lost on a division of 10 Nays to 1 Yea.

Councillor Leiper’s motion was then put to Committee and Carried on a division of 10 Yeas to 1 Nay

• Report Recommendation(s)

  That Planning and Housing Committee recommend Council:

  1. Direct staff to bring forward a proposed amendment to By-law 2008-250 that would permit shelter use in all urban zones, consistent with the proposal in the draft comprehensive zoning by-law and Official Plan, at the earliest opportunity; and,
  2. Approve that “shelter” shall have the same definition as that in By-law 2008-250 until such time as that may be amended through a future new comprehensive zoning by-law.
  3. Approve that regardless of the modification to By-law 2008-250 effected as a result of this motion, any shelter use at 40 Hearst Way would be required to seek a re-zoning to permit shelter as a use, and that  staff provide the necessary zoning language to give effect to this direction.

  For (10)	L. Dudas, G. Gower, T. Kavanagh, T. Tierney, J. Leiper, C. Kitts, C. Curry, C. Kelly, L. Johnson, and A. Troster
  Against (1)	W. Lo

  Carried (10 to 1)
• Amendment:
  Motion No. PHC 2025-41-03
  Moved by W. Lo

  THEREFORE BE IT RESOLVED THAT motion ACS2025-OCC-CCS-0002, Shelter Use in All Zones, be amended to include 1005/1045 Greenbank Road and 3311 Woodroffe Avenue as sites required to seek a rezoning to permit shelter as a use.

  BE IT FURTHER RESOLVED THAT regardless of the modification to By-law 2008-250 effected as a result of this motion, any shelter use at 40 Hearst Way, 1005/1045 Greenbank Road, and 3311 Woodroffe Avenue would be required to seek a re-zoning to permit shelter as a use, and that staff provide the necessary zoning language to give effect to this direction.

  For (1)	W. Lo
  Against (10)	L. Dudas, G. Gower, T. Kavanagh, T. Tierney, J. Leiper, C. Kitts, C. Curry, C. Kelly, L. Johnson, and A. Troster

  Lost (1 to 10)
• Amendment:
  Motion No. PHC 2025-41-02
  Moved by W. Lo

  THEREFORE BE IT RESOLVED THAT motion ACS2025-OCC-CCS-0002, Shelter Use in All Zones, be amended to apply only to the downtown, inner urban, and outer urban transects.

  THEREFORE BE IT RESOLVED THAT staff be directed to bring forward a proposed amendment to By-law 2008-250 that would permit shelter use in all urban zones in the downtown, inner urban, and outer urban transects, consistent with the proposal in the draft comprehensive zoning by-law and Official Plan, at the earliest opportunity; and,

  For (1)	W. Lo
  Against (10)	L. Dudas, G. Gower, T. Kavanagh, T. Tierney, J. Leiper, C. Kitts, C. Curry, C. Kelly, L. Johnson, and A. Troster

  Lost (1 to 10)

6.

In Camera Items

There were no in camera items.

7.

Notices of Motions (For Consideration at Subsequent Meeting)

There were no Notices of Motion.

8.

Inquiries

There were no Inquiries.

9.

Other Business

There was no other business.

10.

Adjournment

Next Meeting

Wednesday February 19, 2025.

The meeting adjourned at 1:38 pm.