OTTAWA CITY COUNCIL
Wednesday, 08 May 2013, 10:00 am
Andrew S. Haydon Hall, 110 Laurier Avenue West
MINUTES 54
The Council of
the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West,
Ottawa, on Wednesday, 08 May 2013 beginning at 10:00 a.m.
The Mayor, Jim
Watson, presided and led Council in prayer.
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The National Anthem was performed by the Canterbury
High School string quartet.
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RECOGNITION
- MAYOR'S CITY BUILDER AWARD
Mayor Jim Watson and
Councillor Diane Holmes presented the Mayor’s City Builder Award to Ms.
Floralove Katz in recognition of her outstanding community service,
philanthropy, public advocacy, and her numerous contributions within the field
of arts and culture.
ALL MEMBERS WERE PRESENT.
No declarations were received.
MOTION TO INTRODUCE REPORTS
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MOTION NO. 54/1
Moved by
Councillor E. El-Chantiry
Seconded by
Councillor D. Holmes
That
the Rules of Procedure be suspended to receive and consider
Finance and Economic Development Committee Report 32, because of the urgency
of the item contained in the report (specific reason set out below.)
(Waiver of
the Rules is being requested for Finance and Economic Development Committee
Report 32 (Item 1 of the Agenda), due to timelines, as the City of Ottawa is
about to start the 2014 budget process with the receipt of the Budget Process
and Timetable report at the June meeting of the Finance and Economic
Development Committee.)
CARRIED
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RECONSIDERATION
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CITY COUNCIL – 24 APRIL 2013
MOTION NO. 53/4
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Moved by Councillor R. Bloess
Seconded by Councillor T. Tierney
WHEREAS Report ACS2013-PAI-PGM-0023
recommends that Planning Committee and Council approve the principles,
directions and conditions detailed in the report, including Documents 1
through 8 to serve as a framework for the review of development
applications in Preston-Carling District until the completion of the
Community Design Plan and Secondary Plan for this area;
AND WHEREAS the Preston-Carling District Strategic
Direction proposes a mews at the end of the east-west streets that dead-end
at the City owned multi-use pathway;
AND WHEREAS the mews will not serve
to make pedestrian movement more attractive; and may have a detrimental
impact on the community from traffic infiltration;
THEREFORE
BE IT RESOLVED that the proposed north-south road (mews) running from
Adeline to Beech Street be removed from Documents 1 through 8 in the
report; and that all other land use elements remain as conceptually shown.
Motion No. 53/4 CARRIED on a
division of 12 YEAS to 11 NAYS as follows but is subject to reconsideration
at the Council meeting of 8 May 2013 as per Motion
No. 53/5:
YEAS (12): Councillors
A. Hubley, T. Tierney, M. Taylor, D. Thompson, M. McRae, B. Monette, S.
Desroches, S. Moffatt, E. El-Chantiry, M. Wilkinson,
S. Qadri and R. Bloess.
NAYS (11): Councillors
D. Holmes, M. Fleury, D. Chernushenko, D. Deans,
P. Hume, K. Egli, R. Chiarelli, P. Clark, K. Hobbs, J. Harder and Mayor J.
Watson.
MOTION NO. 53/5
Moved by Councillor P. Clark
Seconded by
Councillor P. Hume
That Motion No.
53/4 be brought forward to the Council meeting of May 8, 2013 for
reconsideration.
Pursuant to Subsection 64 (4) of Procedure By-law 2006-462 NOTICE OF RECONSIDERATION CARRIED on a division of 8 YEAS to 15 NAYS (8
votes required) as follows:
YEAS (8): Councillors
D. Holmes, M. Fleury, D. Chernushenko, P. Hume,
P. Clark, K. Hobbs, J. Harder and Mayor J. Watson.
NAYS (15): Councillors
A. Hubley, T. Tierney, M. Taylor, D. Thompson, M. McRae, D. Deans, B.
Monette, K. Egli, S. Desroches, R. Chiarelli, S. Moffatt,
E. El-Chantiry, M. Wilkinson, S. Qadri and R. Bloess.
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CITY COUNCIL – 8 MAY 2013
MOTION
NO. 54/2
Moved by Councillor P. Clark
Seconded by
Councillor P. Hume
That the Motion for Notice of
Reconsideration (Motion No. 53/5) be WITHDRAWN.
CARRIED
The Motion for
Notice of Reconsideration having been withdrawn, the City Council decision of
24 April 2013 stands.
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COMMITTEE RECOMMENDATIONS
That Council:
1. Approve that the 2014
budget guideline be amended so that the 2014 Draft Operating and Capital
Budgets be developed to result in a recommended tax increase of less than 2%;
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2. Communicate this direction
to the Boards of Police Services, Library and Health for their information
and consideration; and
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3. Consider this at the May 8, 2013 City Council meeting.
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CARRIED with
Councillor D. Chernushenko dissenting.
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FINANCE AND
ECONOMIC DEVELOPMENT COMMITTEE & GOVERNANCE RENEWAL SUB-COMMITTEE JOINT
REPORT 3
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COMMITTEE RECOMMENDATIONS AS AMENDED
That Council:
1. Approve the Code of Conduct for Members of Council
listed in Document 1, as described in this report and including the following
elements, and as amended by recommendation 4 below:
a. General Integrity;
b. Confidential Information;
c. Conduct at Council/Committee Meetings;
d. Discrimination and Harassment;
e. Improper Use of Influence;
f. Use of Municipal Property;
g. Conduct Respecting Staff;
h. Expenses;
i. Conduct Respecting Lobbying;
j. Gifts, Benefits and Hospitality;
k. Election-Related Activity; and
l. Compliance with the Code;
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2. Approve that the effective date for the Code of Conduct
for Members of Council be July 1, 2013; and
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3. Receive the Integrity Commissioner’s Complaint Protocol
for the Code of Conduct as described in this report and listed in Document 3.
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4. That there be full disclosure of all gifts, benefits and
hospitality received that exceed $30.00 from one source in a calendar year.
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MOTION NO. 54/3
Moved by Councillor S. Desroches
Seconded
by Councillor E. El-Chantiry
WHEREAS the Provincial Offences Act – Conflict of Interest
Policy applies to Members of Council and prohibits any person from
attempting to influence or interfere, either directly or indirectly,
financially, politically or otherwise with any employees, officers or other
persons performing duties in the administration of the Act ; and
WHEREAS Members of Council are expected to refrain from intervening
in recruitment, staffing and individual labour relations matters; and
WHEREAS Members of Council are expected to refrain from intervening
in matters before an adjudicative tribunal to avoid the perception of using his
or her influence improperly, particularly where City Council has a role in the
appointment or reappointment of tribunal members; and
WHEREAS there is desire for further clarity in the Code of Conduct
for Members of Council regarding how Section V (Improper Use of Influence)
relates to the above-noted matters;
THEREFORE BE IT RESOLVED that the second paragraph of Section V
(Improper Use of Influence) of the Code of Conduct for Members of Council (pgs.
71-72) be replaced with the following:
In the same manner, Members of Council shall not attempt to influence
or interfere, either directly or indirectly, financially, politically or
otherwise with the decisions of City employees or officers of the City or
appointed members of an adjudicative tribunal charged with making decisions as
part of an independent, arms-length process.
This includes matters relating to the Provincial Offences Act
(as outlined in the Provincial Offences Act – Conflict of Interest
Policy), the City’s recruitment, staffing and individual labour relations
policies, protocols and actions (save for their own offices), and the City’s
adjudicative tribunals including the Committee of Adjustment and the Property
Standards and License Appeals Committee.
MOTION NO. 54/4
Moved
by Mayor Watson
Seconded
by Councillor M. Wilkinson
That Motion No. 54/3 be referred to the Finance and Economic Development
Committee with a report from staff.
REFERRAL CARRIED
Item 2 of the City Council Agenda was then
put to Council and CARRIED.
COMMITTEE RECOMMENDATIONS
AS AMENDED
That Council approve:
1. The Council Expense Policy,
as detailed in Document 1 and outlined in this report; and
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2. The Community, Fundraising and Special Events Policy, as
detailed in Document 2 and outlined in this report and as amended by the
following:
That
the seventh bullet (p. 57) be amended to read:
“In an election year, a Member of Council must not seek donations and
sponsorships for any event that has not been staged in the previous two
years, nor accept donations or stage any “new” event supported by donations
and sponsorships after he or she has filed nomination papers for election to
any office in the City of Ottawa.”
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MOTION NO. 54/5
Moved by
Councillor R. Chiarelli
Seconded
by Councillor T. Tierney
WHEREAS it was not the drafters’ intent to regulate newspaper, web,
Twitter, Facebook or other new media general mass media advertising;
BE IT RESOLVED THAT the section of the proposed Expense Policy
titled “Communications and Advertising Outside of Ward” be amended to read:
“Direct mail and direct marketing expenses for a geographic area
outside of a Member’s Ward will not be permitted without prior approval from
the City Clerk and Solicitor or the Deputy City Clerk in consultation with the
Integrity Commissioner. Notwithstanding, it is recognized that advertising in
mass media and broader circulation publications and some unaddressed postal
walks will cross ward boundaries and these are exempt where outside the control
of the Member seeking to direct mail/direct market to his/her ward residents.
CARRIED
MOTION NO. 54/6
Moved
by Councillor R. Chiarelli
Seconded
by Councillor K. Egli
BE IT RESOLVED that, for 2013, where a member of Council has
expended more than 50% of the value of the 3.5% cap on July 1, 2013, they be
permitted to expend up to 50% of the value of the annual cap for the remainder
of the year.
CARRIED
Item 3 of the City Council Agenda, as amended by Motion Nos. 54/5 and 54/6 and
set out in full below, was then put to Council:
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That Council approve:
1. The
Council Expense Policy, as detailed in Document 1 and outlined in this report
and as amended by the following:
a)
That the section of the proposed
Expense Policy titled “Communications and Advertising Outside of Ward” be
amended to read:
“Direct mail and direct marketing expenses for a geographic area
outside of a Member’s Ward will not be permitted without prior approval from
the City Clerk and Solicitor or the Deputy City Clerk in consultation with
the Integrity Commissioner. Notwithstanding, it is recognized that
advertising in mass media and broader circulation publications and some
unaddressed postal walks will cross ward boundaries and these are exempt
where outside the control of the Member seeking to direct mail/direct market
to his/her ward residents; and
b) That, for 2013, where a member of
Council has expended more than 50% of the value of the 3.5% cap on July 1,
2013, they be permitted to expend up to 50% of the value of the annual cap
for the remainder of the year; and
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2. The Community,
Fundraising and Special Events Policy, as detailed in Document 2 and outlined
in this report and as amended by the following:
That the seventh bullet (p. 57) be amended to
read:
“In an election year, a Member of Council must not seek donations and sponsorships
for any event that has not been staged in the previous two years, nor accept
donations or stage any “new” event supported by donations and sponsorships
after he or she has filed nomination papers for election to any office in the
City of Ottawa”; and
CARRIED
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COMMITTEE RECOMMENDATIONS
That Council approve:
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1. The Centretown Community
Design Plan as detailed in Document 2; and
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2. An amendment to the
Official Plan to revise Volume 2A - 3.0 Centretown as detailed in Document 3.
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MOTION NO. 54/7
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Moved by
Councillor D. Holmes
Seconded by
Councillor P. Clark
WHEREAS Report ACS2013-PAI-PGM-0066
recommends the approval of
the Centretown Community Design Plan
(CDP) and Official Plan Amendment;
AND WHEREAS the existing commercial uses
in the Central Character area are
grandfathered uses from the 1960s, and
pre-date the current Centretown Plan;
AND WHEREAS planning of Centretown over
the past 30 years has
focussed on promoting residential
development;
AND WHEREAS increased residential
capacity in Centretown supports the
City’s intensification objective as well
as provides economic support for
the commercial Central Area and the
commercial streets of Elgin and Bank;
AND WHEREAS the DRAFT Centretown CDP
recommends replacing the
Residential designation of the Central
Character Area, with Residential
Mixed Use designation;
AND WHEREAS the Residential Mixed Use
designation will allow for
greater commercial development;
AND WHEREAS Residential Mixed Use
designation will also allow for
commercial uses on the first two floors,
resulting in the conversion of
existing low-rise residential buildings
to predominantly commercial
buildings with the subsequent loss of residential
units;
BE IT RESOLVED that the following
changes be made to the Centretown
CDP in Document 2 and the Official Plan
Amendment in Document 3 of the
staff report:
Centretown CDP
Amend the Centretown CDP as follows:
·
Delete the Residential Mixed Use designation
from the map on p. 84,
Section 6.1 Land Use and the map on p. 111, Section 7.1 Delivering
Change: Regulatory Update and replace it with a Residential
designation.
·
Delete the Residential Mixed Use paragraph from
page 85 and the 7th
bullet point on page 111.
·
Delete the Residential Mixed Use zoning from the
map on p.112,
Section 7.1.2 City of Ottawa Zoning By-law p. 112
·
Delete the section entitled “R4, R5 –
Residential Mixed Use” from p.
114.
·
Delete the second sentence entitled “Professional
services and small
scale offices, small scale institutional and limited retail should
be
permissible within certain locations (refer to Section 6.1
–Residential
Mixed Use areas)” from the 2nd bullet
point on page 44, Section 3.1.2
The Central Character Area Tomorrow.
·
Delete any other references to the Residential
Mixed Use designation
in the document.
Official Plan Amendment
Amend the Official Plan Amendment as follows:
·
Delete, in the Section 3.9.4 Central Character
Area, subsection
3.9.4.1c) entitled Residential Mixed Use.
·
Delete in subsection 3.9.9.5c), referring to
Tall Landmark Buildings,
the words “&Residential Mixed Use designation&” and
replace
them with the words “Central Character Area”.
·
Delete, in subsection 3.9.5.6, in the second
sentence, the words
“&and Residential Mixed Use areas&”.
·
Delete the Residential Mixed Use designation
from Schedule H1–
Land Use and replace it with a Residential designation.
That there be no further notice pursuant to Section 34 (17) of the Planning
Act.
Motion No. 54/7
LOST on a division of 5 YEAS to 19 NAYS as follows:
YEAS (5): Councillors
D. Chernushenko, R. Chiarelli, K. Hobbs, D. Holmes and
P. Clark.
NAYS (19): Councillors
J. Harder, S. Blais, M. Taylor, P. Hume, S. Moffatt, T. Tierney,
D. Thompson, D. Deans, M. McRae, B. Monette, M. Fleury, K. Egli,
S. Qadri, A. Hubley, R. Bloess, S. Desroches, M. Wilkinson, E. El-Chantiry and
Mayor J. Watson.
MOTION NO. 54/8
Moved by Councillor D. Holmes
Seconded by Councillor P. Hume
WHEREAS
Report ACS2013-PAI-PGM-0066 recommends the approval of the Centretown Community
Design Plan (CDP) and the Centretown Secondary Plan Official Plan Amendment
(OPA); and,
WHEREAS FoTenn
and the Centretown Citizens Community Association provided combined
recommendations on the draft Centretown Secondary Plan, some of which are
supported by staff; and
WHEREAS some
of the heritage policies needed to be revised to improve their effectiveness;
and,
WHEREAS the
OPA in Document 2 contained a technical error in a height classification on
Schedule H2 that is inconsistent with the Centretown CDP;
THEREFORE BE IT RESOLVED that the following changes be made to the
Official Plan Amendment in Document 3 of the staff report and that the
Centretown CDP in Document 2 be amended where necessary to incorporate these
changes:
Amend the Centretown CDP and Official Plan Amendment as follows:
1. Add to the end of Section 3.4.2b) the following sentence: “The
established low-rise neighbourhoods are generally located east of Elgin Street
and west of Kent Street (including properties located south of James Street to
the west of Bank Street).”
2. Amend Section 3.4.1 as follows:
a)
Delete the last sentence in the last paragraph
of Section 3.4.1 stating: “In
pockets where heritage buildings are not clustered, the form of new development
generally may be more intense, provided the form and character of neighbouring
buildings with heritage value are respected.”;
b)
Delete the word “declining” from
Objective b) as follows: “Rehabilitate,
conserve and re-use buildings with heritage value.”;
c)
Delete Objective f): Integrate
heritage elements in the design of new buildings where appropriate.”
3. Delete Section 3.7.1.2 in its entirety and replace with a new
Section 3.7.1.2 as follows: “The proposed CHCD plan
shall include a review of the existing building classifications to ensure
accurate classification of heritage assets. Until such time that the CHCD
study is complete and implemented, the existing district designation shall
remain in effect and all proposals will be evaluated in keeping with the
requirements of the Ontario Heritage Act.”
4. Add to Section 3.7 at the end of the last sentence, the following
phrase: “… and consistent with existing
heritage plans and policies.”
5. Revise Section 3.7.1.3 as follows: “The City shall pursue
appropriate designations of undesignated heritage buildings and areas within
Centretown that currently are outside the Centretown Heritage Conservation
District.”
6. Revise Section 3.7.1.1 to state: “The City shall undertake the
development of a Heritage District Plan according to the requirements of the
Ontario Heritage Act. The updated study shall consider:
The diversity of buildings within the existing CHCD and
the objective of this Plan to accommodate population growth and new,
contemporary buildings within the CHCD and shall develop appropriate
infill guidelines;
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More comprehensive descriptions and
guidelines for individual buildings and streetscapes;
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Architectural guidelines for new buildings,
and additions to existing buildings;
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Modifications to the current boundaries of
the CHCD as deemed appropriate by the study findings.”
7. Amend Sections 3.9.2.3 and 3.9.3.3 by replacing the fifth sentence
with: “To moderate shadow, sky view and privacy impacts, the Built Form
Guidelines in the Centretown CDP shall apply. Towers generally: shall be
stepped back from the podium edge; have a maximum floor plate of 750 square
metres; and, be spaced a minimum of 20 metres apart from one another. Buildings
shall generally be set back from the front lot line 3 metres.” Amend
Sections 3.9.2.3 and 3.9.3.3 by replacing the fifth sentence with: “To
moderate shadow, sky view and privacy impacts, the Built Form Guidelines in the
Centretown CDP shall apply. Towers generally: shall be stepped back from the
podium edge; have a maximum floor plate of 750 square metres; be spaced a
minimum of 20 metres apart from one another. Buildings shall generally be set
back from the front lot line 3 metres.”
8. Add a new Section 3.9.4.4 as follows: “The Built Form Guidelines
for mid-rise buildings in the approved Centretown Community Design Plan shall
apply. Where a high-rise building is introduced in the Central Character Area,
the Built Form Guidelines for high-rise buildings in the approved Centretown
Community Design Plan shall apply as described in Section 3.9.3.3 and 3.9.4.3
above.”
9.
Add to Section 3.9.1.3 between: “The maximum height shall be the lesser of 14.5
metres or 4 storeys,…” and “…as
identified in Schedule H2.”, the following: “…except for the R4V
zone east of Elgin Street where the maximum height shall be 11 metres,…”;
10. Add to Section 3.9.4.1c), at the end of the
third sentence, the following clause: “…, with the exception of those
existing buildings containing legally established non-residential uses existing
at the date of adoption of Official Plan Amendment 117. The expansion of
legally established non-residential uses shall be subject to appropriate
limits.”
11. Amend the fourth and fifth sentences in Section 3.9.4.3 to state: “Where a building greater than 6
storeys is proposed adjacent to a property where the maximum height is 4
storeys or adjacent to significant heritage resources/ streetscapes, a stepping
of heights or increased setbacks should be provided to achieve an appropriate
transition. Buildings shall be restricted to five storeys along Elgin Street.”
12. Amend Section3.9.5.5 as follows:
a) Add the following phrase at the end of Criteria k): “...with a maximum building height of 27 storeys /83metres”;
b) Add the word “corner” in Criteria a) between the words “...permitted
on large...” and “...lots with frontage...”
c) Change the phrase in Criteria d) from “...publicly
functioning open space...” to “...publicly owned open space...” to
ensure that the space is maintained over the longer term in City ownership;
d)
Delete the following sentence in Criteria d): “Public
open space component will be in addition to cash-in-lieu of parkland required
under the City’s parkland dedication by-law.” , because cash-in-lieu of
parkland would not be applicable as 40% of the site would be open space and the
capital cost of the open space development would be the responsibility of the
developer (new criteria), or would be a significant public institutional use;
e) Amend Criteria g) to state: “Not require the demolition of a
designated heritage building and shall respect the cultural heritage
value of the site and its setting through the retention of its significant
heritage resources.”
13. Amend Schedule H1 by changing the designation of
the block facing the north side of McLeod Street between O’Connor and Metcalfe
Streets from Residential Mixed Use to Residential;
14. Amend Schedule H2 by:
a) Changing the height category of the two properties on the south side
of Lisgar Street immediately east of Cartier Street from High-Rise 50m -16
storeys/16 étages to no classification in order to be consistent with the
Centretown CDP;
b) Changing the height category from Low-Rise to Mid-Rise 17m - 5 storeys/5 étages of: Gladstone Avenue from between Bank Street and Bronson Avenue
(that corresponds to the Secondary Mainstreet designation on Schedule
H1); Somerset Street between Kent and Percy Streets (that corresponds to the Secondary
Mainstreet designation on Schedule H1); and, Somerset Street between Percy
Street and Bronson Avenue (that corresponds to the Traditional Mainstreet
designation on Schedule H1), limited to those properties that are zoned
TM-Traditional Mainstreet;
c) Adding to Low-Rise - R4V zone 11m
CARRIED
MOTION NO. 54/9
Moved by Councillor D. Holmes
Seconded by Councillor P. Hume
WHEREAS Report
ACS2013-PAI-PGM-0066 recommends the approval of the Centretown Community Design
Plan (CDP) and the Centretown Secondary Plan Official Plan Amendment (OPA);
and,
WHEREAS Attachment 2, the FoTenn and the
Centretown Citizens Community Association joint submission, has a
recommendation to add a “Small Moments” policy to the Centretown CDP and OPA;
and,
WHEREAS the Small Moments recommendation
could have potential application to a broader City-wide basis than just
Centretown; and,
WHEREAS the Small Moments
recommendation, as written, could potentially lead to incompatible development
without stricter criteria for its use;
THEREFORE BE IT RESOLVED that the Small Moments recommendation be the subject of a
study to be included in the Planning and Growth Management Department 2014 work
program.
CARRIED
Item 4 of the City Council Agenda, as amended by Motion Nos. 54/8 and 54/9 and
set out in full below, was then put to Council:
That
Council approve:
1. The Centretown Community
Design Plan as detailed in Document 2; and
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2. An amendment to the Official
Plan to revise Volume 2A - 3.0 Centretown as detailed in Document 3.
3. That the following changes be made to
the Official Plan Amendment in Document 3 of the staff report and that the
Centretown CDP in Document 2 be amended where necessary to incorporate these
changes:
Amend the Centretown CDP and Official Plan Amendment as follows:
1.
Add to the end of Section 3.4.2b) the
following sentence: “The established low-rise neighbourhoods are generally
located east of Elgin Street and west of Kent Street (including properties
located south of James Street to the west of Bank Street).”
2.
Amend Section 3.4.1 as follows:
a)
Delete the last sentence in the last paragraph
of Section 3.4.1 stating: “In pockets where heritage buildings are not clustered,
the form of new development generally may be more intense, provided the form
and character of neighbouring buildings with heritage value are respected.”;
b)
Delete the word “declining” from
Objective b) as follows: “Rehabilitate, conserve and re-use buildings with heritage value.”;
c)
Delete Objective f): Integrate
heritage elements in the design of new buildings where appropriate.”
3.
Delete Section 3.7.1.2 in its entirety and
replace with a new Section 3.7.1.2 as follows: “The
proposed CHCD plan shall include a review of the existing building
classifications to ensure accurate classification of heritage assets. Until
such time that the CHCD study is complete and implemented, the existing
district designation shall remain in effect and all proposals will be
evaluated in keeping with the requirements of the Ontario Heritage Act.”
4.
Add to Section 3.7 at the end of the last
sentence, the following phrase: “… and
consistent with existing heritage plans and policies.”
5.
Revise Section 3.7.1.3 as follows: “The
City shall pursue appropriate designations of undesignated heritage buildings
and areas within Centretown that currently are outside the Centretown
Heritage Conservation District.”
6.
Revise Section 3.7.1.1 to state: “The
City shall undertake the development of a Heritage District Plan according to
the requirements of the Ontario Heritage Act. The updated study shall
consider:
The diversity of buildings within the existing CHCD and the
objective of this Plan to accommodate population growth and new, contemporary
buildings within the CHCD and shall develop appropriate infill guidelines;
×
More comprehensive descriptions and
guidelines for individual buildings and streetscapes;
×
Architectural guidelines for new buildings,
and additions to existing buildings;
×
Modifications to the current boundaries of
the CHCD as deemed appropriate by the study findings.”
7.
Amend Sections 3.9.2.3 and 3.9.3.3 by
replacing the fifth sentence with: “To moderate shadow, sky view and
privacy impacts, the Built Form Guidelines in the Centretown CDP shall
apply. Towers generally: shall be stepped back from the podium edge; have a
maximum floor plate of 750 square metres; and, be spaced a minimum of 20
metres apart from one another. Buildings shall generally be set back from the
front lot line 3 metres.” Amend Sections 3.9.2.3 and 3.9.3.3 by replacing
the fifth sentence with: “To moderate shadow, sky view and privacy
impacts, the Built Form Guidelines in the Centretown CDP shall apply. Towers
generally: shall be stepped back from the podium edge; have a maximum floor
plate of 750 square metres; be spaced a minimum of 20 metres apart from one
another. Buildings shall generally be set back from the front lot line 3
metres.”
8.
Add a new Section 3.9.4.4 as follows: “The
Built Form Guidelines for mid-rise buildings in the approved Centretown
Community Design Plan shall apply. Where a high-rise building is introduced
in the Central Character Area, the Built Form Guidelines for high-rise
buildings in the approved Centretown Community Design Plan shall apply as
described in Section 3.9.3.3 and 3.9.4.3 above.”
9.
Add to Section 3.9.1.3 between: “The maximum height shall be the lesser of 14.5
metres or 4 storeys,…” and “…as
identified in Schedule H2.”, the following: “…except for the
R4V zone east of Elgin Street where the maximum height shall be 11 metres,…”;
10. Add to Section 3.9.4.1c), at the end of the
third sentence, the following clause: “…, with the exception of those
existing buildings containing legally established non-residential uses
existing at the date of adoption of Official Plan Amendment 117. The
expansion of legally established non-residential uses shall be subject to
appropriate limits.”
11. Amend the fourth and fifth sentences in Section 3.9.4.3 to state: “Where a building greater than
6 storeys is proposed adjacent to a property where the maximum height is 4
storeys or adjacent to significant heritage resources/ streetscapes, a
stepping of heights or increased setbacks should be provided to achieve an
appropriate transition.
Buildings shall be restricted to five storeys
along Elgin Street.”
12. Amend Section3.9.5.5 as follows:
a)
Add the following phrase at the end of
Criteria k): “...with a maximum building height
of 27 storeys /83metres”;
b)
Add the word “corner” in Criteria a)
between the words “...permitted on large...” and “...lots with
frontage...”
c) Change the phrase in Criteria d) from “...publicly
functioning open space...” to “...publicly owned open space...” to
ensure that the space is maintained over the longer term in City ownership;
d)
Delete the following sentence in Criteria d):
“Public open space component will be in addition to cash-in-lieu of
parkland required under the City’s parkland dedication by-law.” , because
cash-in-lieu of parkland would not be applicable as 40% of the site would be
open space and the capital cost of the open space development would be the
responsibility of the developer (new criteria), or would be a significant
public institutional use;
e)
Amend Criteria g) to state: “Not
require the demolition of a designated heritage building and shall
respect the cultural heritage value of the site and its setting through the
retention of its significant heritage resources.”
13. Amend Schedule H1 by changing the designation
of the block facing the north side of McLeod Street between O’Connor and
Metcalfe Streets from Residential Mixed Use to Residential;
14. Amend Schedule H2 by:
a)
Changing the height category of the two
properties on the south side of Lisgar Street immediately east of Cartier
Street from High-Rise 50m -16 storeys/16 étages to no classification
in order to be consistent with the Centretown CDP;
b)
Changing the height category from Low-Rise to
Mid-Rise 17m - 5
storeys/5 étages of: Gladstone Avenue from
between Bank Street and Bronson Avenue (that corresponds to the Secondary
Mainstreet designation on Schedule H1); Somerset Street between Kent and
Percy Streets (that corresponds to the Secondary Mainstreet
designation on Schedule H1); and, Somerset Street between Percy Street and
Bronson Avenue (that corresponds to the Traditional Mainstreet
designation on Schedule H1), limited to those properties that are zoned
TM-Traditional Mainstreet;
c) Adding to Low-Rise - R4V zone 11m
4. That the Small Moments recommendation be the subject of a study to
be included in the Planning and Growth Management Department 2014 work
program.
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CARRIED
COMMITTEE RECOMMENDATION
That Council approve
and adopt an amendment to the Official Plan to add a special policy that
requires all landowners within the Barrhaven South Community Design Plan area
to enter into private agreements to share the costs of infrastructure projects
and associated costs required to develop the Barrhaven South Community Design
Plan area as detailed in Document 2.
MOTION
NO. 54/10
Moved by Councillor J. Harder
Seconded by Councillor P. Hume
WHEREAS Report
ACS2013-PAI-PGM-0043 recommends approval and adoption of an official plan amendment for
the Barrhaven South Landowners Cost Sharing Agreement; and
WHEREAS
Planning Committee has approved the recommendations of the report and directed
staff to bring forward the report to Council on May 8, 2013; and
WHEREAS the
official plan amendment relies on a previous amendment to introduce wording in
the Official Plan and the previous amendment has been appealed;
THEREFORE BE
IT RESOLVED that Council approve:
1. That Document 2 in Report ACS2013-PAI-PGM-0043
be replaced with the attached Document 2.
PROPOSED
OFFICIAL PLAN AMENDMENT Document
2
Official Plan
Amendment 119 to the
Official Plan
for the
City of Ottawa
THE STATEMENT OF COMPONENTS
PART A – THE PREAMBLE
Purpose
Location
Basis
PART B – THE AMENDMENT
Introduction
Details of the
Amendment
Implementation
and Interpretation
PART A – THE PREAMBLE
PART A – THE
PREAMBLE introduces the actual amendment but does not constitute part of
Amendment No. 119 to the Official Plan for the City of
Ottawa.
PART B – THE
AMENDMENT constitutes Amendment 119 to the Official
Plan for the City of Ottawa.
1.
Purpose
The purpose of
this Amendment is to amend the text of Section 5.3 (Other Implementation
Policies), to add a policy that requires all landowners within Barrhaven South
to enter into private agreements to share the costs of major infrastructure
projects and associated studies and plans required for the development of
Barrhaven South.
2.
Location
The subject
lands, comprising the lands in the Barrhaven South Community Design Plan (CDP)
area, consist of approximately 500 hectares of land. The area is generally
south of the Jock River, east of Highway 416, north of Barnsdale Road and west
of Jockvale Road.
3.
Basis
Background
The subject lands are currently
in multiple-ownership. Presently four of the landowners (Mattamy Homes,
Monarch Corporation, Tamarack (Nepean) Corporation, and McNeil Farm Limited
Partnership) have registered plans of subdivision in place and are under
construction. The other remaining parcels stand idle and have subdivision
applications pending or have no development applications before the City at
this time.
With much of the infrastructure in place the landowners
would like to bring closure to the
cost sharing
arrangements to ensure that the costs are shared by all. As such an Official
Plan Amendment has been filed with the City.
The proposed
Official Plan Amendment will add a policy to the Official Plan which will
require all landowners within the Barrhaven South area to enter into private
agreements to share the costs of infrastructure projects and associated costs
to develop the Barrhaven South area.
To ensure that
all of the landowners participate in the cost sharing of the items deemed
beneficial for all, the City will require evidence of their paid-up portion (as
per cost sharing agreements) as a condition for all plans of subdivision and
condominium, site plan or severance applications in the Barrhaven South area. A
representative (Trustee) will be required to provide notification to the City
that the owner is party to the Agreement and has paid their share of the costs.
PART B – THE
AMENDMENT
1. Introduction
All of this part of this document entitled Part B – The
Amendment consisting of the following text constitutes Amendment No. 119
to the Official Plan for the City of Ottawa.
2. Details
The following changes are hereby made to the Official Plan for
the City of Ottawa:
1.
Section 5.3, Other Implementation Policies, is
amended to add the following as a new policy 9 and the subsequent policies be
renumbered accordingly:
“9. Landowners within Barrhaven South shown on Annex 5 Urban
- Areas Subject to a Community Design or Policy Plan approved by Ottawa City
Council - shall enter into private agreements to share the costs of the major
infrastructure projects and associated studies and plans (including but not
limited to Infrastructure Planning, Environmental Assessments and Restoration
Plans) required for the development of Barrhaven South, so that the costs shall
be distributed fairly among the benefiting landowners. Each agreement shall
contain a financial schedule describing the estimated costs of the major
infrastructure projects and associated studies and plans, as well as the
proportionate share of the costs for each landowner. The City shall include a
condition of draft approval for all plans of subdivision, plans of condominium
and severance applications, and as a condition of approval for site plans in
Barrhaven South requiring notification from the Trustee of the Barrhaven
Landowners Inc. that the owner is party to the agreements and has paid its share
of any costs pursuant to the agreements.”
3. Implementation and Interpretation
Implementation and interpretation of this Amendment shall be
in accordance with the policies of the Official Plan for the City of Ottawa.
CARRIED
Item 5 of the City Council Agenda, as amended by Motion No. 54/10,
was then put to Council and CARRIED.
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COMMITTEE RECOMMENDATION AS AMENDED
That Council receive this report for information, as amended by the
replacement of Revised Pages 2, and 4 (Document 1) of the report*, to
increase the outstanding commitments for Public Transit to $65,522,252 from
$18,133,852, and adjusting the Unapplied Capital Project Funding / Debt Requirements
for this particular service category to more accurately reflect current and
future obligations in relation to transit-related capital projects that will
require development charge funding.
* Pages 3 and 5 of Planning Committee
Report to Council NO 48A
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CARRIED
COMMMITTEE RECOMMENDATIONS
That Council approve:
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1. An amendment to Zoning
By-law 2008-250 to change the zoning of 201 Citiplace Drive from General
Mixed Use, GM[401] H(11) to General Mixed Use, GM[xxxx] H(13.5) as shown in
Document 1 and detailed in Document 2; and
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2. An amendment to the Zoning
By-law 2008-250 to change the zoning of 221 Citiplace Drive from Residential
Third Density, R3Z[1245] to Residential Fourth Density, R4Z[xxxx] to permit a
low-rise apartment dwelling as shown in Document 1 and detailed in
Document 2.
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CARRIED
COMMITTEE RECOMMENDATIONS
That Council:
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1. Approve the application to
alter the former Ottawa East Town Hall at 61 Main Street as per drawings
submitted by Atelier 292 Architect Inc. on March 14, 2013;
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2. Delegate authority for minor
design changes to the General Manager, Planning and Growth Management
Department; and
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3. Issue the heritage permit
with a two-year expiry from the date of issuance.
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(Note: The statutory 90-day
timeline for consideration of this application under the Ontario Heritage Act
will expire on May 10, 2013.)
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(Note: Approval to Alter
this property under the Ontario Heritage Act must not be construed to meet
the requirements for the issuance of a building permit.)
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CARRIED
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RECEIVED
MOTION NO. 54/11
Moved by
Councillor E. El-Chantiry
Seconded by
Councillor D. Holmes
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That Finance
and Economic Development Committee Report 32; Finance and Economic
Development Committee and Governance Renewal Sub-Committee Joint Report 3;
and Planning Committee Reports 46C and 47B and 48A, be received and adopted as amended.
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CARRIED
MOTION NO. 54/12
Moved by Councillor M. Taylor
Seconded by Councillor A. Hubley
WHEREAS on
April 11, 2012, City Council approved various amendments to the Taxi By-law and
directed staff to report in back in late 2012 with information on specific
taxi-related inquiries, including options for restructuring taxi plate fees
and options to determine how service demands could be met, among other fee and
regulatory issues; and
WHEREAS
Council subsequently approved on August 29, 2012, that staff be given further
time to report back with information on the above-noted issues; and
WHEREAS
staff have since determined that evolving matters in the areas of limousine
regulation, deterrence and enforcement of unlicensed (bandit) taxicabs, and the
provision of Para Transpo services all have an impact on the taxi industry as a
whole and on service demands specifically, and therefore additional research is
required to coordinate these areas and further public consultation should be
undertaken, particularly with stakeholders in the accessibility community and
the Accessibility Advisory Committee; and
THEREFORE BE
IT RESOLVED that the response by staff on various Taxi-related motions of April
2012 be further deferred; and
BE IT
FURTHER RESOLVED that the General Manager of Emergency and Protective Services
be directed to strike an internal working group among By-law and Regulatory
Services, Transit Services, City Clerk and Solicitor Department and other
affected areas of the City to further review the April 11, 2012 taxi-related
inquiries and the evolving areas noted above, and to conduct further
consultation with stakeholders within the Taxi industry, the accessible
community, the Accessibility Advisory Committee, and the public on these
issues, and to report back when completed with information and recommendations,
if any, on these issues.
CARRIED
MOTION NO. 54/13
Moved by Councillor D. Holmes
Seconded by Councillor M. Fleury
WHEREAS in
November 2012 City Council approved a BIA Mural Grant Pilot Program which
provides funding for the installation of mural signs within Business
Improvement Areas (BIAs) and the Somerset Chinatown BIA has submitted an
application for approval for numerous mural signs under the pilot program; and
WHEREAS a
number of these mural signs do not comply with the provisions contained in
Sections 122 to 124 of the Permanent Signs on Private Property By-law
2005-439, primarily with respect to the regulation that prohibits the painting
of mural signs on the exterior wall containing the main entrance to the
building; and
WHEREAS it
is appropriate to provide BIAs throughout the City with more flexibility with
respect to the installation of mural signs that have been approved under the
program within their areas; and
WHEREAS
staff have indicated their support for this motion;
THEREFORE BE
IT RESOLVED that Council approve the following Sections of the Permanent Signs
on Private Property By-law No. 2005-439 (as amended) be waived for any mural
sign that is approved as part of the BIA Mural Grant Pilot Program:
Section 122;
Section 123,
except for the provision in subsection (1) that pertains to the prohibition of
mural signs used for any form of commercial advertising;
Section
124A;
but not
including Section 124 regarding the protection of heritage buildings; and
BE IT FURTHER RESOLVED THAT that the public notice requirements of
By-law 2002-522 (as amended) respecting public notice, and in particular notice
for amendments to the Permanent Signs on Property By-law also be waived to
permit the mural signs to be completed this season.
CARRIED
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MOTION NO. 54/14
Seconded by Councillor A. Hubley
THAT the Rules of Procedure be waived,
to allow the commencement of the Selection Process to begin as soon as
possible, to consider the following motion:
WHEREAS in September 2003, Ottawa City
Council became one of the first municipalities in Canada to voluntarily
establish the position of City Auditor General, based on the report by Mr.
Denis Desautels, the former Auditor General of Canada; and
WHEREAS in October 2003, City Council
approved the retention of “an External Search firm to assist in staffing the
new City Auditor General position” based on Mr. Desautels’ comments that,
“when searching for such a position, it would be most important to put in
place a process that would be totally impartial and that would identify
candidates of the highest quality . . . [and] Council and the Audit Committee
should seek the help of professional accounting organizations when searching
for candidates, as is done at other levels of government”; and
WHEREAS in March 2004, the Corporate
Services and Economic Development Committee established an Auditor General
Hiring Sub-Committee Selection Panel comprised of the Mayor/Chair, the
Committee Vice-Chair and one other Committee Member; and
WHEREAS in July 2004 City Council
approved the appointment of Alain Lalonde as the City’s first Auditor General
for a fixed term that is currently set to expire on January 6th,
2014; and
WHEREAS the City is required by the Employment
Standards Act, 2000 and regulations to give a minimum of eight weeks
notice to an employee in this position that the employment will terminate on
the expiry of the fixed term; and
WHEREAS it is important that the City
continue to employ the principle of total impartiality first recognized by
Mr. Desautels in undertaking a search for candidates of the “highest quality”
for a new Auditor General and in an effort to ensure a timely and smooth
transition regarding this succession matter;
THEREFORE BE IT RESOLVED THAT CITY
COUNCIL:
1. Thank Mr. Lalonde for the valuable auditing work that he has
undertaken for the City of Ottawa over his tenure;
2. Provide Mr. Lalonde with written notice in compliance with the Employment
Standards Act, 2000 and regulations;
3. Approve the Mayor (Chair), the Chair and Vice-Chair of the Audit
Sub-Committee, and the two Deputy Mayors to be the Hiring Panel to interview
candidates for the position of City Auditor General;
4. Approve the engagement of an external search firm to assist the
Hiring Panel in undertaking an executive search for a new Auditor General to
an upset limit of $50,000;
5. Direct the City Clerk and Solicitor’s Office to provide the
required administrative support to the Hiring Panel; and
6. Direct the Hiring Panel to report back to City Council by Q4 of
2013 with a recommended candidate for Council’s approval as the new Auditor
General.
CARRIED
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MOTION NO. 54/15
Moved by
Councillor E. El-Chantiry
Seconded by
Councillor D. Holmes
That the following by-laws be enacted and passed:
2013-120 A by-law of the City of Ottawa to
establish the tax ratios for the taxation year 2013.
2013-121 A by-law of the City of Ottawa to levy
taxes for the year 2013.
2013-122 A by-law of the City of Ottawa to levy
taxes for the year 2013 for police services.
2013-123 A by-law of the City of Ottawa to levy
taxes for the year 2013 for the City of Ottawa’s share of the costs of the
conservation authorities.
2013-124 A by-law of the City of Ottawa to
establish a special levy for community and recreational services within the
service area known as the Canterbury Community Centre Expansion Area for the
year 2013.
2013-125 A by-law of the City of Ottawa to
establish a special levy for underground hydro lines along Kanata Avenue within
the service area known as the Kanata North Hydro Service Area for the year
2013.
2013-126 A by-law of the City of Ottawa to
establish a special levy for fire protection and prevention in the rural
service area for the year 2013.
2013-127 A by-law of the City of Ottawa to establish
a special levy for fire protection and prevention in the urban service area for
the year 2013.
2013-128 A by-law of the City of Ottawa to
establish a special levy for public transportation within the service area
known as the Urban Transit Area for the year 2013.
2013-129 A by-law of the City of Ottawa to
establish a special levy for public transportation within the Rural Transit
Service Areas for the year 2013.
2013-130 A by-law of the City of Ottawa respecting
the calculation of the amount of taxes for municipal and school purposes
payable in respect of property in the commercial classes, industrial classes or
multi-residential property class for 2013.
2013-131 A by-law of the City of Ottawa respecting
property subclass tax reductions for the year 2013.
2013-132 A by-law of the City of Ottawa to
establish a percentage by which tax decreases are limited for 2013 for
properties in the commercial, industrial and multi-residential property
classes.
2013-133 A by-law of the City of Ottawa to amend
By-law No. 2003-500 respecting the sewer service rate.
2013-134 A by-law of the City of Ottawa to amend
By-law No. 2003-499 respecting fire routes.
2013-135 A by-law of the City of Ottawa to amend
By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance
with private property parking enforcement.
2013-136 A by-law of the City of Ottawa to amend
By-law No. 2001-17 to appoint certain Inspectors, Property Standards Officers
and Municipal Law Enforcement Officers in the Building Code Services Branch of
the Planning and Growth Management Department
2013-137 A by-law of the City of Ottawa to amend
By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known
municipally as 201 and 221 Citiplace Drive.
2013-138 A by-law of the City of Ottawa to amend
the Official Plan for the City of Ottawa to replace the Centretown Secondary
Plan in Volume 2A to implement the Centretown Community Design Plan.
2013-139 A by-law of the City of Ottawa to
designate certain lands at 380, 382, 384, 386, 390 to 401, 403 to 432 and 434
to 448 (even only) Gerry Lalonde Drive being exempt from Part Lot Control.
2013-140 A by-law of the City of Ottawa to
designate certain lands at 150 Battersea Crescent being exempt from Part Lot
Control.
2013-141 A by-law of the City of Ottawa to close
an untraveled portion of Crown Ridge Drive, City of Ottawa.
2013-142 A by-law of the City of Ottawa to
establish certain lands as common and public highway and assume it for public
use (Bradbury Court).
2013-143 A by-law of the City of Ottawa to amend
the Official Plan for the City of Ottawa to add a special policy that requires
all landowners within the Barrhaven South Community Design Plan area to enter
into cost sharing agreements to develop the Barrhaven South Community Design Plan.
2013-144 A by-law of the City of Ottawa to amend By-law No.
2002-521 respecting public notice relating to private roadways and to repeal
By-law No. 2011-299.
CARRIED
MOTION NO. 54/16
Moved by
Councillor E. El-Chantiry
Seconded by
Councillor D. Holmes
THAT By-law 2013-145 to
confirm the proceedings of Council be enacted and passed.
CARRIED