Planning Committee

Minutes

Meeting #:	55
Date:	Thursday, January 27, 2022
Time:	9:30 A.m. - 12:30 P.m.
Location:	Electronic Participation

Present:

• Co-Chair: Councillor G. Gower,
• Co-Chair: Councillor S. Moffatt,
• Councillor R. Brockington,
• Councillor J. Cloutier,
• Councillor C. Curry,
• Councillor L. Dudas,
• Councillor A. Hubley,
• Councillor C. Kitts,
• Councillor J. Leiper,
• Councillor S. Menard,
• and Councillor T. Tierney

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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 February 9, 2022 in Planning Committee Report 55.

The deadline to register by phone to speak, or submit written comments or visual presentations is 4 pm on January 26, and the deadline to register to speak by email is 8:30 am on January 27.

The Chair read the following statement at the outset of the meeting pursuant to the Planning Act:

This is a public meeting to consider the proposed Comprehensive Official Plan and Zoning By-law Amendments listed as Items 1, 2, 3 and 4 on today’s Agenda.

For the items just mentioned, only those 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 9, 2022, please email or call the Committee or Council Coordinator.

2.

Declarations of Interest

Councillor Curry - Declaration of Interest - Earl Armstrong

2.1

Councillor C. Curry - Zoning By-law Amendment – 702 Earl Armstrong Road

Councillor C. Curry submitted the following Declaration of Interest:

I, Councillor Cathy Curry, declare a potential, indirect pecuniary interest on Zoning By-law Amendment – 702 Earl Armstrong Road (Report ACS2022-PIE-PS-0003,) as the applicant for this matter is the Ottawa Carleton District School Board (OCDSB) and, although I will not be teaching with the OCDSB this year, I am still an OCDSB employee because I remain on the board’s occasional teacher lists.

3.

Confirmation of Minutes

3.1

Minutes 54 – December 6, 2021

• Motion No. PLC
  Carried

4.

Planning, Real Estate and Economic Development

4.1

Zoning By-law Amendment – 1 Laser Street

File ACS2022-PIE-PS-0001 – Knoxdale-Merivale (Ward 9)

The Applicant, as represented by Peter Hume and Michael Casey, 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 report recommendations were carried as presented.

• Motion No. PLC

  REPORT RECOMMENDATIONS

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 1 Laser Street to permit overnight exterior storage of vehicles for an automobile dealership, as detailed in Document 2.
  2. That Planning 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 9, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.
  Carried

4.2

Official Plan and Zoning By-law Amendment, 641 Rideau Street

File ACS2022-PIE-PS-0002 - Rideau-Vanier (Ward 12) 

Simon M. Deiaco, Planning Services, Planning, Real Estate and Economic Development Department (PRED), presented an overview of the application 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: 

• PRED: Douglas James, Manager, Development Review – Central
• Innovative Client Services Department: Tim Marc, Senior Legal Counsel-Planning, Development and Real Estate

The Applicant/Owner as represented by Miguel Tremblay and Scott Alain (Fotenn Planning + Design), and Joey Theberge (Theberge Homes), provided an overview of the Application and responded to questions from Committee. A copy of their slides is on file with the City Clerk.

The following speakers addressed the Committee to speak to the Application:

• Warren H. Waters (Lowertown Community Association) spoke to how increased Floor Space Index should not be granted unless the design meets the Uptown Rideau Street Secondary Plan goals.
• Darin Loewy (ACORN) stated that he observed this was part of a pattern of “demovictions” and demolition by neglect during a housing crisis.
• Laura Shantz stated that the application was for a “demoviction” and that the affordable rental housing stock should be protected. Alternative housing with comparable rent needs to be available.
• Andrea Harrison and Victor Watson spoke to concerns about the building obstructing the sky, ensuring rent remains affordable, and construction causing damage to their home.
• Ilona Horvath is concerned about the proposed building’s impact on the public realm and on the streetscape, and about the building’s massing. A copy of their slides is on file with the City Clerk.
• Michael Barnes expressed concerns about the consultation process. Height, density and massing of the building are disproportionate compared to the Uptown Rideau Community Design Plan.

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

• Miguel Tremblay (Fotenn Planning + Design, representing Theberge Homes) letter dated January 24, in support
• Ginette Bériault email dated January 24, opposed
• Andrea Harrison & Victor Watson email dated January 25, opposed
• Sandra Milton email dated January 25, opposed 
• Karen Niven-Wigston email dated January 26, with concerns
• Diane Stephenson letter dated January 26, opposed
• Warren Waters (Lowertown Community Association) written comments dated January 26, opposed
• David Jurkowski (Brigadier Walk Homeowners Association) email received January 26, opposed
• Darin Loewy (ACORN) speaking notes, dated January 27, opposed

Planning Services accepted the following DIRECTION:

That, as part of Site Plan Control application, staff add conditions related to construction risks and impacts on neighbouring buildings such as pre-blast surveys.

Following discussion on this item, the Committee CARRIED the report recommendations, with Councillor S. Menard dissenting, as amended by Motion No PLC 2022-55/01.

• Motion No. PLC

  REPORT RECOMMENDATIONS
  

  1. That Planning Committee recommend Council approve:
     
     1. An amendment to the Official Plan, Volume 2a, Uptown Rideau Secondary Plan as detailed in Document 2;
        
     2. An amendment to Zoning By-law 2008-250 for 641 Rideau Street to permit a 25-storey mixed use development as detailed in Documents 4 and 5; and
        
     3. That the implementing Zoning By-law amendment does not proceed to City Council until the agreement under Section 37 of the Planning Act is executed by the applicant.
        
     4. Direct staff to incorporate the Amendments to the Official Plan, Volumes 1 and 2, as detailed in Document 2, into Schedule B1 – Downtown Core Transect and Volume 2A – Urban Secondary Plans, Central and East Downtown Core Secondary Plan of the new Official Plan.
        
  2. That Planning 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 9, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.
     
  Carried as amended (10 to 1)
• Amendment:
  Motion No. PLC 2021-55/1
  Moved by Co-Chair: Councillor S. Moffatt

  WHEREAS report ACS2022-PIE-PS-0002 recommends amendments to the Uptown Rideau Secondary Plan and Zoning By-law 2008-250 for the property at 641 Rideau Street, to permit a 25 storey building; and

  WHEREAS the buildings on the property were constructed in the 1950s and are at the end of their life cycle; and

  WHEREAS concerns have been raised by the Ward Councillor and community with respect to the provision of affordable housing for the existing tenants within the buildings.

  THEREFORE BE IT RESOLVED that Planning Committee recommend that Council amend the staff report ACS2022-PIE-PS-0002 to add a new recommendation 1(e) to include the following:

  That the implementing Official Plan Amendment and Zoning By-law amendments do not proceed to City Council until the Memorandum of Understanding is executed by the Applicant and that the Memorandum of Understanding contains the following:

  1. 1. The property Owner agrees to pay for all tenant relocation fees associated with moving from the residential building currently on the lot and into a unit in another rental building;
     2. subject to the project being a rental product, the applicant shall offer current tenants the opportunity first right of refusal to return to the new building in a unit of similar size as the one they vacated; and
     3. Subsidize the rent differential of an alternative rental accommodation in another building in a unit of comparable size and price point for period of one year;

  BE IT FURTHER RESOLVED THAT the MOU applies to current tenants as of January 27, 2022.

  AND BE IT FURTHER RESOLVED THAT pursuant to subsection 34(17) of the Planning Act, no further notice be given.

  Carried
• Motion No. PLC 2021-55/02
  Moved by Councillor S. Menard

  BE IT RESOLVED THAT the proposed recommendations 1(e)(b) and 1(e)(c) be amended as follows:

  b. subject to the project being a rental product, the applicant shall offer current tenants the opportunity first right of refusal to return to the new building in a unit of similar size and rent as the one they vacated; and

  c. Subsidize the rent differential of an alternative rental accommodation in another building in a unit of comparable size and price point for period equal to the length of time the tenant has resided in their current accommodation on site.

  Withdrawn

4.3

Zoning By-law Amendment – 702 Earl Armstrong Road

File ACS2022-PIE-PS-0003 - Gloucester-South Nepean (Ward 22) 

• Councillor C. Curry declared a conflict on this item. (Councillor C. Curry submitted the following Declaration of Interest: I, Councillor Cathy Curry, declare a potential, indirect pecuniary interest on Zoning By-law Amendment – 702 Earl Armstrong Road (Report ACS2022-PIE-PS-0003,) as the applicant for this matter is the Ottawa Carleton District School Board (OCDSB) and, although I will not be teaching with the OCDSB this year, I am still an OCDSB employee because I remain on the board’s occasional teacher lists.)

Ward Councillor C. A. Meehan was in attendance and provided brief comments on this item. 

Councillor C. Curry did not participate in discussions and did not vote on this item.

• Motion No. PLC

  REPORT RECOMMENDATIONS

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 702 Earl Armstrong Road to permit a three-storey secondary school and a daycare, with a total GFA of approximately 14,055 square metres, as detailed in Document 2.
  2. That Planning 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 9, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.
  Carried

4.4

Zoning By-law Amendment – 385 Sussex Drive

File ACS2022-PIE-PS-0011 - Rideau-Vanier (Ward 12) 

Allison Hamlin, Planning Services, Planning, Real Estate and Economic Development Department (PRED), presented an overview of the application and answered questions from the Committee.  A copy of the slide presentation is filed with the Office of the City Clerk.

The Applicant/Owner as represented by Brian Casagrande (Fotenn Planning + Design) and Bernard McDonnell (Archdiocese of Ottawa-Cornwall), provided an overview of the Application and responded to questions from Committee. Ivo Valentik (Archdiocese of Ottawa-Cornwall) was also in attendance.

The following staff were also present and responded to questions: 

• PRED: Douglas James, Manager, Development Review – Central
• Innovative Client Services Department: Christine Enta, Legal Counsel-Planning, Development and Real Estate 

Warren H. Waters (Lowertown Community Association) provided an overview of the history of the temporary parking on this site and was concerned that the temporary surface parking has been in place for 20 years without going through the proper planning process.

The report recommendations as amended by Motion No PLC 2022-55/02 and Motion No PLC 2021-55/03 CARRIED on a division of 8 yeas and 3 nays.

• Motion No. PLC

  REPORT RECOMMENDATIONS

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 385 Sussex Drive (Notre Dame Cathedral Basilica) to permit a temporary parking lot for a maximum of three years, as detailed in Document 2.
  2. That Planning 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 9, 2022”, subject to submissions received between the publication of this report and the time of Council’s decision.
  Carried as amended (8 to 3)
• Amendment:
  Motion No. PLC 2021-55/03
  Moved by Co-Chair: Councillor S. Moffatt

  WHEREAS Report ACS2022-PIE-PS-0011 recommends another extension for a temporary parking lot for a maximum of three years, behind the Notre Dame Cathedral Basilica located at 385 Sussex Drive;  

  WHEREAS in 2003, the Roman Catholic Archdiocese of Ottawa requested and was granted permission by City Council to demolish two heritage buildings on site to replace them with a commercial parking lot as an interim use to raise funds to redevelop the site;   

  WHEREAS this commercial parking lot has been the subject of temporary zoning permissions four times in the past, in 2005, 2008, 2011, and 2015;

  WHEREAS that Community, City and City Council remain extremely disappointed and frustrated with the inaction of redevelopment of this temporary parking lot. As the original promise to redevelop was not upheld, Council’s patience on waiting for the Archdiocese to present an appropriate redevelopment plan has waned and this extension for temporary parking must be the final one;

  THEREFORE BE RESOLVED that City assists and/or provides guidance to the Archdiocese in its redevelopment planning efforts to reflect the importance of the Parliament and Confederation Boulevard Special District to which this site is located, and to align with the goals of the ByWard Market Public Realm Plan;   

  BE IT FURTHER RESOLVED that the redevelopment planning efforts include the engagement of a City-led Public Advisory Group comprised of stakeholders such as the Lowertown Community Association and the local BIA, the local Councillor and other helpful stakeholders as may be identified during the process to help advise the Diocese on redevelopment designs and land uses that could achieve broad community support

  Carried (11 to 0)
• Amendment:
  Motion No. PLC 2021-55/04
  Moved by Councillor R. Brockington

  THAT recommendation 1 be amended as follows:

  That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 385 Sussex Drive (Notre Dame Cathedral Basilica) to permit a temporary parking lot for a maximum of two years, as detailed in Document 2.

  BE IT FURTHER RESOLVED THAT the words “February 9, 2025” be replaced with “February 9, 2024” in Document 2

  Carried (11 to 0)

5.

Notices of Motions (For Consideration at Subsequent Meeting)

• Motion No. PLC
  Moved by Councillor J. Leiper

  WHEREAS the World Exchange Plaza located between Queen St and Albert St, was developed and has been operating since the 1990s to fulfill its role to the centre of Ottawa's Business District and to the community;

  WHEREAS the Development Agreement that was entered into between the City of Ottawa and the World Exchange was as a result of an international competition for the Canlands site that required oversight by Council to insure its implementation;

  WHEREAS the World Exchange Plaza implementation is now complete;

  AND WHEREAS the appropriate site animation and accessibility updates and sustainability upgrades can more reasonably be dealt with under normalized site plan and development approval processes;
  THEREFORE BE IT RESOLVED that the General Manager, Planning, Real Estate and Economic Development be authorized to negotiate and enter into an amendment to “sunset” the historic development agreement and enable future refinements to the site to be determined through the City’s standard Site Plan revision process and future site plan agreements rather than through negotiations of amendments to the historic agreement.
• Motion No. PLC
  Moved by Councillor S. Menard

  WHEREAS the new Civic Campus for the Ottawa Hospital will be developed along major transit routes, and along significant active transportation routes; and

  WHEREAS many residents require accessible transportation links to healthcare services; and

  WHEREAS at recent stakeholder consultations, serious accessibility concerns with the proposed design of the parking garage at the new Civic Campus site were identified; and

  WHEREAS these concerns relate to movement to the site and through the site; and

  WHEREAS the Accessibility Advisory Committee has expressed an interest in reviewing this item; and

  WHEREAS staff have confirmed that this item is expected to come before the Planning Committee on the 10th of February, before the Accessibility Advisory Committee will have had a chance to provide feedback and advice from an accessibility perspective; and

  BE IT THEREFORE RESOLVED THAT this item is deferred to the Planning Committee meeting of February 24, 2022 and that staff is directed to consult with the Accessibility Advisory Committee at its meeting of February 15, 2022 so that it may provide its feedback and advice to the Planning Committee on this significant item.

6.

Inquiries

Inquiry No. PC 01-22

Councillor J. Leiper (on behalf of Councillor C. McKenney)

Recently, an infill received a building permit in Wellington Village (on Kenora in the R3I zone) despite not respecting the front-yard setback averaging described in section 144 of the Zoning By-law. Could staff please describe under what circumstances an infill residential unit is permitted as-of-right without adhering to the average front-yard setback on the street?

7.

Other Business

There was no other business.

8.

Adjournment

Next Meeting

Thursday, 10 February 2022.

The meeting adjourned at 1:35 pm.