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OTTAWA CITY COUNCIL

Wednesday, 10 October 2018

 10:00 am

Andrew S. Haydon Hall, 110 Laurier Avenue West

AGENDA 77

 

MOMENT OF REFLECTION

 

NATIONAL ANTHEM

 

 

Councillor R. Chiarelli

 

ANNOUNCEMENTS/CEREMONIAL ACTIVITIES

 

·          

Recognition - Mayor's City Builder Award

 

 

ROLL CALL

 

CONFIRMATION OF MINUTES

 

Confirmation of the Minutes of the regular Council meeting of 26 September 2018.

 

 

DECLARATIONS OF INTEREST INCLUDING THOSE ORIGINALLY ARISING FROM PRIOR MEETINGS

 

COMMUNICATIONS

 

Association of Municipalities of Ontario (AMO):

 

 

·          

Province to Introduce Private Cannabis Retail Legislation – With Municipal Opt Out

 

 

·          

Bill 36 – Changes to other Acts related to the Use and Sale of Cannabis

 

 

·          

AMO Briefing: Municipal Governments in the Ontario Recreational Cannabis Framework

 

 

REGRETS

 

Councillors J. Mitic (See Motion No. 71/13 of 13 June 2018) and J. Harder (City Business) advised they would be absent from the Council meeting of 10 October 2018.

 

 

MOTION TO INTRODUCE REPORTS

 

Councillors G. Darouze and M. Wilkinson  

 

 


 

REPORTS

 

CITY CLERK AND SOLICITOR

 

1.

STATUS UPDATE – COUNCIL INQUIRIES AND MOTIONS FOR THE PERIOD ENDING OCTOBER 5, 2018

 

REPORT RECOMMENDATION
That Council receive this report for information.

 

COMMITTEE REPORTS

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 38

 

2.

ZONING BY-LAW AMENDMENT – 5651 FIRST LINE ROAD

 

COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for 5651 First Line Road to permit a residential plan of subdivision, as detailed in Document 2.

 


 

PLANNING COMMITTEE REPORT 70

 

3.

RENOVATION OF ORIGINAL HOUSE AND CONSTRUCTION OF A REAR ADDITION AT 119 YORK STREET, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT, WITHIN THE BYWARD MARKET HERITAGE CONSERVATION DISTRICT

 

COMMITTEE RECOMMENDATIONS AS AMENDED:

That Council:

1.         approve the application to demolish the rear additions to the building at 119 York Street according to plans submitted by Studioworks International Inc., dated July 4, 2018 and revised September 12, 2018 (as set out in motion no. BHSC 33/1);

2.         approve the proposed alterations to the property at 119 York Street, which include the construction of a new rear addition as well as various landscape interventions, in accordance with the plans prepared by Studioworks International Inc., dated July 4, 2018 and revised September 12, 2018 (as set out in motion no. BHSC 33/1), subject to all other planning approvals;

3.         delegate minor design changes to the General Manager of Planning, Infrastructure and Economic Development; and,

4.         issue the heritage permit with a two-year expiry date from the date of issuance.

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on October 23, 2018.)

(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.)

 

4.

ZONING BY-LAW AMENDMENT – PART OF 401 AND PART OF 411 CORKSTOWN ROAD

 

COMMITTEE RECOMMENDATIONS

That Council approve:

1.         an amendment to Zoning By-law 2008-250 for Part of 401 Corkstown Road to permit the use of a park and recreation and athletic facility, as detailed in Document 2.

2.         an amendment to Zoning By-law 2008-250 for Part of 401 Corkstown Road to temporarily permit the use of a theatre, as detailed in Document 2.

3.         an amendment to Zoning By-law 2008-250 for Part of 411 Corkstown Road to permit the use of a daycare and instructional facility, as detailed in Document 2.

 

5.

SETTLEMENT OF SOME APPEALS TO OPA 150

 

COMMITTEE RECOMMENDATION, AS AMENDED

That Council approve the modifications to the Policies in OPA #150 as detailed in this report and included in Document 1, as amended by the removal of the words “High-Rise and” from the beginning of Policy 15 of Item 40 in Document 1.

 

 


 

PLANNING COMMITTEE REPORT 71

 

6.

APPLICATION TO DEMOLISH MAGEE HOUSE, 1119 WELLINGTON STREET WEST, A PROPERTY DESIGNATED UNDER PART IV OF THE ONTARIO HERITAGE ACT

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         suspend the notice required under Subsections 29(3) and 34(1) of the Procedure By-law to consider this report at its meeting on October 10, 2018.

2.         approve the application to demolish Magee House, 1119 Wellington Street West, subject to the following conditions:

a.         the applicant enters into a Site Plan agreement in accordance with Section 3.6.3, Policy 10 of the Official Plan

b.        demolition is completed by November 15, 2018;

3.         direct staff to initiate the process to repeal the designation by-law for 1119 Wellington Street West (By-law no. 22-96) after the building is demolished;

4.         direct staff to initiate a site plan application for the subject property (1119 Wellington Street West), in accordance with Section 3.6.3, Policy 10 of the Official Plan. Staff are further directed to address the following through conditions of the application:

a.         retention of stone once the building is demolished and weather-protected storage of the salvaged materials


 

b.         incorporation of salvaged stone into a future development

c.         landscaping and site improvements

d.         installation of an interpretative panel commemorating the history of Magee House;

5.         exempt the subject property (1119 Wellington Street West) from the requirements of the Demolition Control By-law, 2012 (2012-377);

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on December 10, 2018.)

(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.)

 

7.

APPLICATION TO CONSTRUCT A NEW BUILDING AT 227 MACKAY STREET, A PROPERTY LOCATED IN THE NEW EDINBURGH HERITAGE CONSERVATION DISTRICT, DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT

 

COMMITTEE RECOMMENDATIONS, AS AMENDED

That Council:

1.         suspend the notice required under Subsections 29(3) and 34(1) of the Procedure By-law to consider this report at its meeting on October 10, 2018.

2.         approve the construction of a new building at 227 MacKay Street according to plans submitted by Derek Crain, architect, received on June 7, 2018;

 

3.         delegate authority for minor design changes to the General Manager, Planning, Infrastructure and Economic Development;

4.         issue the heritage permit with a two-year expiry date from the date of issuance;

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on December 11, 2018.)

(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.)

 

8.

ZONING BY-LAW AMENDMENT – 770 SOMERSET STREET WEST AND 13 LEBRETON STREET NORTH

 

COMMITTEE RECOMMENDATIONS T

hat Council:

1.         consider this report at its meeting on October 10, 2018, pursuant to Sub-Section 35. (5) of Procedure By law 2016-377.

2.         approve an amendment to Zoning By-law 2008-250 for 770 Somerset Street West and 13 Lebreton Street North to permit a nine-storey mixed-use building with ground floor commercial uses and 106 residential dwelling units, as shown on Document 1 and detailed in Document 2 – Details of Recommended Zoning and Document 3 – Proposed Zoning Schedule.

 


 

9.

ZONING BY-LAW AMENDMENT - 174 FORWARD AVENUE

 

COMMITTEE RECOMMENDATIONS That Council

1.         consider this report at its meeting on October 10, 2018, pursuant to By-law No. 2016-377, Subsection 35. (5), being the Procedure By-law of the City of Ottawa.

2.         approve an amendment to Zoning By-law 2008-250 for 174 Forward Avenue to permit a four-storey apartment building, as detailed in Document 2.

 

10.

ZONING BY-LAW AMENDMENT – 348 WHITBY AVENUE AND 364 CHURCHILL AVENUE NORTH

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         consider this report at its meeting on October 10, 2018, pursuant to Sub-Section 35. (5) of Procedure By law 2016-377.

2.         approve an amendment to Zoning By-law 2008-250 to permit the continued use of 348 Whitby Avenue as a temporary animal hospital while the replacement building is constructed on the abutting lot known municipally as 364 Churchill Avenue North, as detailed in Document 3.

 


 

11.

ZONING BY-LAW AMENDMENT – 3490 INNES ROAD

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         consider this report at its meeting on October 10, 2018, pursuant to Sub-Section 35. (5) of Procedure By law 2016-377.

2.         approve an amendment to Zoning By-law 2008-250 for 3490 Innes Road to permit a reduced rear yard setback for certain corner lots within the subdivision, as detailed in Document 2.

 

12.

ZONING BY-LAW AMENDMENT – 467 TERRY FOX DRIVE

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         consider this report at its meeting on October 10, 2018, pursuant to Sub-Section 35. (5) of Procedure By law 2016-377.

2.         approve an amendment to Zoning By-law 2008-250 for 467 Terry Fox Drive to permit a residential subdivision containing approximately 158 residential units consisting of 85 single detached dwellings and 73 townhomes, as detailed in Document 2.

 

 

 

 

13.

SETTLEMENT OF APPEAL 10 TO OFFICIAL PLAN AMENDMENT 180

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         suspend the notice required under Subsections 29(3) and 34(1) of the Procedure By-law to consider this report at its meeting on October 10, 2018.

2.         approve the modifications to the Policies in Official Plan Amendment 180 as detailed in this report and included in Document 1.

 

TRANSPORTATION COMMITTEE REPORT 34

 

14.

INTERACTIVE MAPPING TOOLS: IDENTIFYING OPPORTUNITIES TO IMPROVE CYCLING INFRASTRUCTURE CONNECTIVITY

 

COMMITTEE RECOMMENDATION
That Council receive this report for information.

 


 

BULK CONSENT AGENDA

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 38

 

A.

ZONING BY-LAW AMENDMENT – PART OF 7976 FALLOWFIELD ROAD

 

COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for Part of 7976 Fallowfield Road to prohibit residential development on the affected lands, as detailed in Document 2.

 

PLANNING COMMITTEE REPORT 70

 

B.

APPLICATION TO ALTER THE MEDICAL ARTS BUILDING, 180 METCALFE STREET, A PROPERTY DESIGNATED UNDER PART IV OF THE ONTARIO HERITAGE ACT

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         approve the application to alter the Medical Arts Building, 180 Metcalfe Street, according to plans submitted by Roderick Lahey Architect Inc. on July 28, 2018 and attached as Documents 3 to 7 and the shoring plans prepared by REMISZ Consulting Engineers, attached as Document 9, conditional upon:

 

a.         removal of the proposed entrance canopy and window awnings shown in Document 5;

b.         the applicant further refining the lighting scheme shown in Document 7 in consultation with Heritage staff;

c.         the applicant working with a heritage specialist and in consultation with heritage staff to explore alternatives for providing universal accessibility to the building which could include refinements to the design of the front entrance;

d.         the applicant further refining the alterations to the front entrance shown in Document 4 and Document 10 in consultation with Heritage staff;

e.         implementation of the conservation measures outlined in the Cultural Heritage Impact Statement attached as Document 10 and further detailed in Document 11;

f.          documentation of the building as described in Document 11 and depositing the records at the City of Ottawa archives; and

g.         the applicant providing a Letter of Credit in an amount to be determined through consultation between the applicant and City staff to ensure the protection, conservation and restoration of the façade;

2.         delegate authority for minor design changes to the General Manager, Planning Infrastructure and Economic Development Department; and,

3.         issue the heritage permit with a three-year expiry date from the date of issuance, unless otherwise extended by Council.


 

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on October 25, 2018.)
(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.)

 

C.

ZONING BY-LAW AMENDMENT – PARTS OF 2336 TENTH LINE ROAD

 

COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for parts of 2336 Tenth Line Road to remove the Flood Plain overlay and to permit townhouse dwelling, stacked dwelling, and low rise apartment dwelling, as shown in Document 1 and detailed in Document 2.

 

D.

ZONING BY-LAW AMENDMENT – 241 ERIC CZAPNIK WAY

 

COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for 241 Eric Czapnik Way to permit a residential development consisting of five low-rise residential apartment buildings, as detailed in Document 2.

 


 

E.

ZONING BY-LAW AMENDMENT – 5897 FERNBANK ROAD

 

COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for 5897 Fernbank to permit commercial uses, a detached dwelling and home-based business on the subject lands, as detailed in Document 2.

 

F.

OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT – 3370 GREENBANK ROAD

 

COMMITTEE RECOMMENDATIONS

That Council approve:

1.         an amendment to the Official Plan, Volume 2a, South Nepean Town Centre Secondary Plan, South Nepean Area 7, by incorporating site specific policies for 3370 Greenbank Road relating to the road network, sidewalks, right-of-way, land-use designation, and density, as detailed in Document 2; and

2.         an amendment to the Zoning By-law 2008-250 for 3370 Greenbank Road, establishing zoning that will permit the development of a subdivision consisting of townhouses, apartment blocks, and Open Space Zones for a future neighbourhood and district park, as detailed in Document 1 and Document 3.

 


 

TRANSPORTATION COMMITTEE REPORT 34

 

G.

FRONT ENDING AGREEMENT – CYCLING INFRASTRUCTURE WITHIN THE BOOTH STREET RIGHT-OF-WAY, BETWEEN THE OTTAWA RIVER PATHWAY AND FLEET STREET

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Authorize the City to enter into a Front-Ending Agreement with Windmill Dream Zibi Ontario Inc., to an upset limit of $1,885,000 plus applicable taxes, to enable the design and construction of cycling infrastructure within the Booth Street right-of-way, between the Ottawa River Pathway and Fleet Street, as outlined in this report and in Document 1, in accordance with the Front-Ending Agreement Principles and Policy set forth in Documents 2 and 3, with the final form and content of the Front Ending Agreement being to the satisfaction of the General Manager, Planning, Infrastructure and Economic Development Department and the City Clerk and Solicitor;

2.         Authorize the financial disbursement to reimburse the design and construction costs incurred by Windmill Dream Zibi Ontario Inc. pursuant to the execution of the Front-Ending Agreement.

 


 

CITY CLERK AND SOLICITOR

 

H.

SUMMARY OF ORAL AND WRITTEN PUBLIC SUBMISSIONS FOR ITEMS SUBJECT TO THE PLANNING ACT ‘EXPLANATION REQUIREMENTS’ AT THE CITY COUNCIL MEETING OF SEPTEMBER 26, 2018

 

REPORT RECOMMENDATION
That Council approve the Summaries of Oral and Written Public Submissions for items considered at the City Council Meeting of September 26, 2018 that are subject to the ‘Explanation Requirements’ being the Planning Act, subsections 17(23.1), 22(6.7), 34(10.10) and 34(18.1), as applicable, as described in this report and attached as Documents 1 and 2.

 

DISPOSITION OF ITEMS APPROVED BY COMMITTEES UNDER DELEGATED AUTHORITY

 

That Council receive the list of items approved by its Committees under Delegated Authority, attached as Document 1.

 

 

MOTION TO ADOPT REPORTS

 

Councillors G. Darouze and M. Wilkinson

 

 


 

MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN

MOTION

Moved by Councillor J. Leiper
Seconded by Councillor J. Harder

WHEREAS applications for variances have been filed with the Committee of Adjustment to vary the requirements for lot width and area to allow two triplexes to replace a single detached dwelling at each of 514 Roosevelt Avenue and 483 Edison Avenue in the R3R zone; and

WHEREAS those applications will be heard by the Committee of Adjustment on October 3, 2018; and

WHEREAS the Westboro neighbourhood is already undergoing significant intensification, both with the approval of high-rises proximate to transit and through the replacement of detached dwellings predominantly with semi-detached; and

WHEREAS permitting two triplexes to replace a single detached dwelling represents a level of intensification not contemplated by the underlining R3R zoning; and

WHEREAS triplexes are not currently present in the subject geography except where an edge condition exists; and

WHEREAS approval of these applications will result in a strong likelihood of other such applications and approvals; and

WHEREAS the City requires a period of study to consider whether intensification at this scale is appropriate in the context of the ongoing evolution of the neighbourhood; and

WHEREAS the Planning, Infrastructure and Economic Development Department was already planning to do an update of the Westboro Secondary Plan, and as such, any applications of this nature are either premature or inappropriate; and

WHEREAS the Roosevelt and Edison Avenue matters are before the Committee of Adjustment on October 3, 2018 and thus, with an appeal period, no building permit could be issued prior to the next meeting of Council;

THEREFORE BE IT RESOLVED that the Planning, Infrastructure and Economic Development Department undertake a study pursuant to Section 38 of the Planning Act in respect to the land-use policies associated with three-unit/triplex housing in Westboro; and

BE IT FURTHER RESOLVED that Council enact an Interim Control by-law to apply to the residential R3R zone of Westboro within an area defined by Golden Avenue to the west, Byron Avenue to the north, Tweedsmuir to the east and Dovercourt Avenue to the south, with the Interim Control By-law setting out the following prohibitions:

1.    No three-unit dwellings may be approved in the specified area; and

BE IT FURTHER RESOLVED THAT no building permits for three unit dwellings may be issued in the specified area.

 

MOTIONS REQUIRING SUSPENSION OF THE RULES OF PROCEDURE

 

NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING)

 

 

MOTION TO INTRODUCE BY-LAWS

 

Councillors G. Darouze and M. Wilkinson

 

 

THREE READINGS

 

a)           A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (promenade Kelly Farm Drive).

 

b)            A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Nöella LeClair Way, Roger Pharand Street).

 

c)            A by-law of the City of Ottawa to amend By-law No. 2017-180 respecting the appointment of Municipal Law Enforcement Officers in accordance with private property parking enforcement.

 


 

d)            A by-law of the City of Ottawa to amend the Bayview Station Secondary Plan of Volume 2a of the Official Plan for the City of Ottawa for the lands municipally known 900 Albert Street

e)           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 the lands known municipally as 900 Albert Street.

f)             A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 401 and 411 Corkstown Road.

g)            A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of part of the lands known municipally as 2336 Tenth Line Road.

h)           A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of part of the lands known municipally as 5651 First Line Road.

i)             A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 348 Whitby Avenue and 364 Churchill Avenue North.

j)              A by-law of the City of Ottawa to amend the South Nepean Town Centre Secondary Plan, South Nepean Area 7, Volume 2A of the Official Plan of the City of Ottawa for the lands municipally known as 3370 Greenbank Road.

k)            A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 3370 Greenbank Road.

l)             A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 174 Forward Avenue.

m)          A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 5897 Fernbank Road.

n)           A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of part of the lands known municipally as 7976 Fallowfield Road.

o)            A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 467 Terry Fox Drive.

p)            A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of part of the lands known municipally as 241 Eric Czapnik Way.


 

q)            A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 770 Somerset Street West and 13 Lebreton Street North.

r)             A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning the lands known municipally as 3490 Innes Road.

s)           A by-law of the City of Ottawa to designate certain lands on voie Helen Rapp Way on Plan 4M-1536, as being exempt from Part Lot Control

t)             A by-law of the City of Ottawa to designate certain lands at 100 to 106, 124 and 126 voie Helen Rapp Way on Plan 4M-1536, as being exempt from Part Lot Control

u)           A by-law of the City of Ottawa to establish interim control for lands within the Westboro neighbourhood.

 

CONFIRMATION BY-LAW

 

Councillors G. Darouze and M. Wilkinson  

 

 

INQUIRIES

 

ADJOURNMENT

 

Councillors G. Darouze and M. Wilkinson  

 

 

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Accessible formats and communication supports are available, upon request.

 


 

NOTICE

In Camera Items are not subject to public discussion or audience.  Any person has a right to request an independent investigation of the propriety of dealing with matters in a closed session.   A form requesting such a review may be obtained, without charge, from the City’s website or in person from the Chair of this meeting.  Requests are kept confidential pending any report by the Meetings Investigator and are conducted without charge to the Requestor.