1.             OFFICIAL PLAN AMENDMENT - COMPREHENSIVE CITY-WIDE AMENDMENT IN RESPONSE TO RETAIL-RELATED APPEALS TO THE 2003 OFFICIAL PLAN 

 
MODIFICATION AU PLAN OFFICIEL – MODIFICATION DE PORTÉE GÉNÉRALE FAISANT SUITE AUX APPELS CONCERNANT LE COMMERCE DE DÉTAIL INTERJETÉS CONTRE LE PLAN OFFICIEL DE 2003

 

 

 

Committee RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.         Approve and adopt an amendment to the City of Ottawa Official Plan (2003) to make changes throughout the text and to Schedule 'B', Urban Policy Plan, as detailed in Document 2, as amended by the following:

 

a)                  Amend Schedule "B" by designating Main Street from the Canal to the McIlraith Bridge in old Ottawa East as a Traditional Mainstreet from General Urban.

 

b)                  Add to Figure 2.5.6 Structure of Community Design Plans, under B. Existing Conditions (Page 19):

 

11.       Watershed or sub-watershed plans, hydrological resources, and ground water conditions.

 

c)                  Add to 3.6.1 General Urban Area – Policy 5, insert (b):

 

"Large scale “big box” retail store (i.e., over 8000 sq.m.) and shopping centres under 50,000 sq. m. and over 10,000 sq. m. will be directed to locations along the rapid transit system or an arterial road with sufficient capacity to accommodate the anticipated traffic generated and where frequent, all-day transit service can be provided”.

And re-number previous (b) to (c).

 

d)                  3.6.5 Employment Area and Enterprise Area (Page 32)

 

Policy 2 (c) add “child care” to the list of illustrative examples

 

e)                  Section 4.11 compatibility – Policy 2 (Pages 39, 40 and 41).

 

2(a)      Traffic - delete “Generally”

2(b)      Vehicular Access - delete “wherever the opportunity exists”

2(c)      Parking Requirements - delete “where appropriate”

2(g)      Loading Areas - delete “wherever possible”

2(h)      Lighting - delete “or mitigated”

2(j)       Sunlight - delete “to the extent practicable”

 

f)                   That the following sections from 2.5.1 Schedule 1 be removed from Schedule 1: Sections 1, 2, 6, 7 (Pages 41 and 43).

 

And that the following sections from 2.5.3 Schedule 3 be removed from Schedule 3: Sections 25 and 26.

 

2.         Direct staff to finalize Annex 3, 'Community Design Framework' (in particular the portion 'Some Design Considerations') in conjunction with the retail appellants and other interested parties and bring it back to Council for approval during the summer of 2005.

 

 

RECOMMANDATIONS MODIFIées DU Comité

 

Que le Conseil :

 

1.         approuve et adopte une modification au Plan officiel de la Ville d’Ottawa (2003) afin d’apporter dans l’ensemble du texte, ainsi qu’à l’Appendice B, intitulé Plan des politiques en milieu urbain, les changements décrits dans le document 2, sous réserve des modifications suivants :

 

a)                  modifie l’Appendice B en désignant « rue principale traditionnelle », plutôt que « rue principale en milieu urbain », la section de rue qui va du Canal au pont McIlraith dans le vieil Ottawa-Est;

 

b)                  ajoute au Tableau 2.5.6 Structure des plans de conception communautaire, sous B. Conditions existantes (page 19) le point :

 

11.       Plans des bassins et sous-bassins hydrographiques, ressources hydrologiques et conditions de la nappe phréatique

 

c)                  ajoute à la section 3.6.1 Aire urbaine générale, Politique 5, le point (b) suivant :

 

« Les magasins à grande surface (plus 8 000 m3) et les centres commerciaux de moins de 50 000 m3 et de plus de 10 000 m3 seront dirigés vers des emplacements le long du réseau de transport en commun rapide ou vers une artère ayant une capacité suffisante pour accommoder le volume anticipé de circulation qui sera produit par ces commerces et sur laquelle on peut assurer un service de transport en commun fréquent durant la journée entière. »

 

et renumérote les anciens points (b) et (c);

 

d)                  ajoute,  sous la Section 3.6.5  Zone d’emploi et zone d’entreprises (page 32), Politique 2 (c), le mot « garderie » à la liste des exemples illustratifs.

 

e)                  supprime, dans la section 4.11 Compatibilité, Politique 2 (pages 39, 40 et 41) :

 

sous (a), Circulation, le mot « généralement »;

sous (b), Accès des véhicules, la locution « là où c’est possible »;

sous (c), Exigences en matière de stationnement, les mots « au besoin »;

sous (g), Zones de chargement, l’expression « si possible »;

sous (h), Éclairage, les mots « ou atténué »;

sous (j), Lumière du soleil, les mots « dans la mesure où c’est pratique ».

 

f)                   Que les sections 1, 2, 6, 7 (pages 41 et 43) de 2.5.1 Appendice 1 soient enlevées de l’Appendice 1.

 

Que les sections 25 et 26 de 2.5.3 Appendice 3 soient enlevées de l’Appendice 3.

 

2.         donne instruction au personnel, travaillant de concert avec les commerçants ayant interjeté appel et les autres parties concernées, de finaliser l’Annexe 3 « Cadre de conception communautaire » (notamment la partie portant sur les facteurs relatifs à la conception) et de la soumettre à l’approbation du Conseil au cours de l’été 2005;

 

 

 

 

 

 

 

Documentation

 

1.                  Deputy City Manager, Planning and Growth Management report dated 5 May 2005 (ACS2005-PGM-POL-0006).

 

2.         Extract of Draft Minutes, 24 and 31 May 2005.

 


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

27 April 2005 / le 27 avril 2005

 

Submitted by/Soumis par : Ned Lathrop, Deputy City Manager/Directeur municipal adjoint,

Planning and Growth Management / Urbanisme et Gestion de la croissance 

 

Contact Person/Personne ressource : Richard Kilstrom, Manager / Gestionnaire

Community Planning / Approbation des demandes d'aménagement

(613) 580-2424 26653, Richard.Kilstrom@ottawa.ca

 

City-wide

Ref N°: ACS2005-PGM-POL-0006

 

 

SUBJECT:

OFFICIAL PLAN AMENDMENT - Comprehensive City-Wide Amendment in response to retail-related appeals to the 2003 Official plan  (FILE NO. D01-01-04-0033)

 

 

OBJET :

MODIFICATION AU PLAN OFFICIEL – MODIFICATION DE PORTÉE GÉNÉRALE FAISANT SUITE AUX APPELS CONCERNANT LE COMMERCE DE DÉTAIL INTERJETÉS CONTRE LE PLAN OFFICIEL DE 2003

 

 

REPORT RECOMMENDATIONS

 

That the Planning and Environment Committee recommend that Council:

 

1.         Approve and adopt an amendment to the City of Ottawa Official Plan (2003) to make changes throughout the text and to Schedule 'B', Urban Policy Plan, as detailed in Document 2.

 

2.         Direct staff to finalize Annex 3, 'Community Design Framework' (in particular the portion 'Some Design Considerations') in conjunction with the retail appellants and other interested parties and bring it back to Council for approval during the summer of 2005. 

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil :

 

1.         d'approuver et d'adopter une modification au Plan officiel de la Ville d'Ottawa (2003) visant à effectuer, dans l'ensemble du texte ainsi qu'à l'annexe B, intitulée Plan des politiques en milieu urbain, les changements précisés au document 2.

 

2.         de donner instruction au personnel de finaliser l'appendice 3, portant sur le Cadre de conception communautaire (notamment la partie portant sur les facteurs relatifs à la conception), de concert avec les commerçants ayant interjeté appel et les autres parties concernées, et de le soumettre à l'approbation du Conseil au cours de l'été 2005. 

 

 

EXECUTIVE SUMMARY

 

Assumptions and Analysis:

 

In May of 2003, City Council adopted a new Official Plan to replace the official plans of the 12 former municipalities that had continued in force following the amalgamation.  The Plan was subsequently forwarded to the Ministry of Municipal Affairs and Housing for approval.  The final Notice of Decision was issued in November of 2003, triggering the 20-day period wherein appeals could be filed against any portion of the Minister’s decision either approving or modifying the Plan.  At the end of the appeal period, 85 appeals had been filed with the Ministry and were forwarded to the Ontario Municipal Board. 

 

Among the appeals were a group of 26 that had been filed by members of the retail and commercial land development industry and by various residential community associations.  This group had many issues in common and consequently a process was established in concert with these appellants to meet in a facilitated format to explore solutions.  Over 30 hours of facilitated discussions occurred between representatives of the industry, community associations and the City over the period April to October, 2004.  This Amendment contains proposed changes to the Official Plan that are the result of these discussions.  It is noted that it was not possible to reach agreement on all matters of contention.  All parties did not accept all of the proposed revisions and some of the changes requested by some of the participants have not been included in the Amendment.

 

The proposed changes to the 2003 Official Plan occur both to the text and to several of the land use designations on Schedule 'B', the Urban Policy Plan.  The affected sections of the Plan are in Volume 1 and include: Compatibility of Development, A Design Strategy for Ottawa, Collaborative Community Building and Community Design Plans, General Urban Area, Mixed-Use Centres, Mainstreets, Employment Area and Enterprise Area, Major Urban Facilities, Provision for Retail, Villages, and General Rural Area.  The amendment also proposes a new Annex and a change to the Glossary, neither of which are actually part of the Official Plan.

 

A summary of the key changes introduced by the proposed Amendment follows:

 

·        Section 2.5.1 ‘Compatibility of Development’ and Section 2.5.6 ‘A Design Strategy for Ottawa’ have been rewritten and combined into a single new Section 2.5.1 entitled Compatibility and Community Design.  City-wide design principles and objectives are introduced to assist Council in the assessment of development applications as well as public works carried out by the City.  The overall changes contribute to an understanding of the role of the City in the design of the built environment and the City’s expectation that development proponents indicate how their proposals meet the design principles and objectives;

·         A revised Section 2.5.7 (formerly S.2.5.6) ‘Collaborative Community Building and Community Design Plans’ revises and clarifies when a community design plan must be adopted as part of the Official Plan and the circumstances where it can be approved by Council as a stand-alone document outside of the Official Plan.   A new table has been added that replaces the former description of the content of community design plans;

·         In the General Urban Area designation (Section 3.6.1), revisions have been made that permit stand-alone retail buildings of over 8,000 sq. metres gross leaseable (subject to all other policies of the Plan) whereas the existing policy requires that they be part of a shopping centre if located in this designation;

·         In the Mixed-Use Centre designation (Section 3.6.2) many of the design-oriented policies and those related to community design plans have been removed in light of changes incorporated above in Sections 2.5.1 and 2.5.6.  A greater recognition of differences among Mixed-Use Centres as they mature over time has been introduced;

·         In the Mainstreets designation (Section 3.6.3) separate policies making a distinction between Traditional Mainstreets (the older parts of the city) and Arterial Mainstreets (newer, more suburban areas) have been added.  Policies to enhance pedestrian-orientation and to clarify how intensification and infill along Mainstreets will be achieved and evaluated have been added.  Recognition that it will take time to achieve the transition to a more compact, pedestrian-oriented form has been added.  Prohibitions on the addition of new gas stations and drive-through facilities on Traditional Mainstreets have been added, but where these uses are currently permitted by existing zoning by-laws, they are recognized as permitted uses.  Parking between a building and the street is not permitted on Traditional Mainstreets, except in exceptional circumstances.  Support for a range of building heights along both types of Mainstreets is identified.  Many of the design-oriented policies and those related to community design plans have been removed in light of changes incorporated above in Sections 2.5.1 and 2.5.6;

·         In the Employment and Enterprise Area designations (Section 3.6.5) retail uses continue to be limited, but the amendment provides more description – e.g. service commercial, sample and showroom uses.  The designation does not permit ‘big box’ retail – an exception in this regard is provided for in the case of the lands west of Terry Fox, south of Highway 417, north of Palladium Drive and east of the Carp River.  Clarification has been added regarding the key purpose of the Employment and Enterprise Areas as places of business and economic activity.  In the case of the Enterprise Area designation, the policy has been revised to stress that the introduction of residential uses is to be done in such a way that a functional integration of residential and employment uses is achieved.  A new policy has been added to this section requiring the City to carry out an employment lands strategy prior to conducting the 5-year review of the Official Plan - to evaluate long-term matters such as land supply, the marketplace, and job location trends;

·         In the section entitled ‘Major Urban Facilities’ (Section 3.6.7) a number of policies associated with major shopping centres have been moved here from the section entitled ‘Provision for Retail’ (Section 3.6.8).  The amendment deletes Section 3.6.8;

·         The section entitled ‘Provision for Retail’ (Section 3.6.8) has been deleted, save and except for those general retail polices relating to major shopping centres and retail uses within Villages and on land designated General Rural, which are moved to other sections of the Official Plan;

·         In the section entitled ‘Villages’ (Section 3.7.1) policies dealing with retail in Villages that had been contained in the section ‘Provision for Retail’ have been relocated here.  Some minor editorial changes have also been made;

·         In the section entitled ‘General Rural Area’ (Section 3.7.2) policies dealing with retail in the General Rural Area that had been contained in the section ‘Provision for Retail’ have been relocated here;

·         A new section, entitled ‘Compatibility’ (Section 4.11) has been added that includes a discussion of the City’s intent and purpose in requiring compatibility policies, what the term means and the type of criteria that may be used to assess the compatibility of development proposals within the context of existing built form.  This complements the revisions incorporated in Sections 2.5.1 and 2.5.6 described above;

·         Schedule ‘B’, Urban Policy Plan, has been amended to incorporate changes to the land-use designation of several parcels of land in order to accommodate existing or planned retail uses (thereby avoiding the creation of substantial non-conformity issues), recognize existing commitments given by Council, rationalize the designation of areas that are in the process of redeveloping to a land use pattern that is desirable and/or in keeping with adjacent areas, and to implement other changes consistent with the discussions between the City and the appellants;

·        In addition to addressing issues requiring substantive revision or addition to policy, the amendment also responds to concerns that the intent of some parts of the Plan could be more clearly stated.  Broad portions have been rewritten to improve clarity and conciseness.  In order to accommodate the changes, in many cases the amendment deletes and replaces entire sections of the Plan, rather than itemize the numerous non-substantive changes to individual words, phrases and structure of the text.  The following sections are impacted by this approach:  Compatibility of Development; A Design Strategy for Ottawa; Collaborative Community Building and Community Design Plans; General Urban Area; Mixed-Use Centres; Mainstreets; Employment Area and Enterprise Area; Major Urban Facilities; Provision for Retail.

 

One area where disagreement remains outstanding with some of the parties is that of retail uses within the Employment and Enterprise Area designation.  Many of the retail industry's appeals requested that any retail use (including 'big-box') be allowed in these land use designations, either as-of-right, or by zoning amendment, subject to certain means tests.  The Department is recommending that retail permitted in these designations only be service commercial (which includes convenience-level retail) and sample and showroom uses in association with a permitted use.   

 

Financial Implications:

 

N/A

Public Consultation/Input:

 

The process followed for addressing the appeals to the 2003 Official Plan has dealt first and foremost with those parties who had submitted appeals.  Accordingly, it has not involved the general public.  In the particular case of the 26 appeals that were primarily focused on retail/commercial issues, however, it was considered that the changes proposed to the Plan are likely to be of interest to a wider constituency.  Hence, it was decided to produce an amendment to the Official Plan, rather than request the Ontario Municipal Board to modify the Plan.  This entailed a public distribution and general notification of the draft amendment.   

 

Approximately 200 copies were circulated to registered community organizations within the Urban Area, those parties within the Urban Area who had submitted an appeal to the 2003 Official Plan, selected parties who had been actively involved and had commented in the past during consideration of the 2003 Official Plan but who were not directly represented in the current process, parties that staff became aware of during the process who expressed an interest, and selected Advisory Committees. The amendment was made available in both official languages as part of the public consultation process.  An advertisement was also posted in the Citizen and Le Droit summarizing the intent of the proposed amendment and advising of its availability.  All members of Council were also sent a copy of the proposed amendment. 

 

At the time of writing of this submission, 24 written replies had been received to the circulation.  These are summarized, with a staff response in Document 4.

 

 

RÉSUMÉ

 

Hypothèses et analyse :

 

En mai 2003, le Conseil municipal a adopté un nouveau Plan officiel qui visait à remplacer ceux des 12 anciennes municipalités, qui étaient demeurés en vigueur après la fusion. Le Plan a ensuite été soumis à l'approbation du ministère des Affaires municipales et du Logement. L'avis de décision final a été publié en novembre 2003. Les parties concernées ont alors eu 20 jours pour interjeter appel d'un élément quelconque de la décision du Ministre (approuvant ou modifiant le Plan). Au cours de ce délai, 85 appels ont été interjetés auprès du Ministère. Ils ont alors été soumis à la Commission des affaires municipales de l'Ontario.

 

Parmi les appels, il s'en trouvait 26 qui avaient été déposés par des membres du secteur immobilier commercial et par diverses associations communautaires de résidents. Ce groupe ayant de multiples revendications communes, on a établi, de concert avec ces appelants, une démarche qui prévoyait la tenue de rencontres dirigées par un animateur dans le but de trouver des solutions. Les représentants du secteur immobilier, des associations communautaires et de la Ville ont ainsi eu plus de 30 heures de discussions au cours des mois d'avril à octobre 2004. La présente modification renferme les changements proposés au Plan officiel par suite de ces discussions. Il convient toutefois de souligner qu'il n'a pas été possible de parvenir à une entente sur la totalité des points en litige. Les parties n'ont pas toutes accepté intégralement les révisions proposées et certains des changements demandés par un certain nombre de participants ne sont pas inclus dans la modification.

 

Les changements proposés au Plan officiel de 2003 portent à la fois sur le texte et sur plusieurs des affectations du sol prévues à l'annexe B, intitulée Plan des politiques en milieu urbain. Les sections visées du Plan se trouvent dans le volume 1. Ce sont les suivantes : Aménagement compatible, Une stratégie de conception pour Ottawa, Développement coopératif de la communauté et plans de conception communautaire, Aire urbaine générale, Centres polyvalents, Rues principales, Zone d'emploi et zone d'entreprise, Grandes installations urbaines, Commerce de détail, Villages et Aire rurale générale. La modification propose également une nouvelle annexe et un changement au glossaire, ces deux documents ne faisant pas partie du Plan officiel proprement dit.

 

Voici un sommaire des principaux changements de la modification proposée :

·        Les paragraphes 2.5.1 « Aménagement compatible » et 2.5.6 « Une stratégie de conception pour Ottawa » sont reformulés en un nouveau paragraphe 2.5.1 intitulé Compatibilité et conception communautaire. Les principes et objectifs de la conception à l’échelon municipal sont présentés pour aider le Conseil à évaluer les demandes d’aménagement et les travaux publics de la Ville. Les changements dans l’ensemble aident à faire comprendre l’intervention de la Ville dans la conception du milieu aménagé et ses attentes, à savoir que les promoteurs d’aménagements devraient préciser comment leurs propositions correspondent aux principes et objectifs de la conception.

·         Au paragraphe modifié 2.5.7 (auparavant p.2.5.6) « Développement coopératif de la collectivité et plans de conception communautaire », la Ville a révisé et précisé quand un plan de conception communautaire doit être adopté comme volet du Plan directeur et les circonstances justifiant que le Conseil approuve un document distinct hors du Plan directeur. Un nouveau tableau ajouté remplace la description précédente de la matière des plans de conception communautaire.

·         La désignation Zone urbaine générale (paragraphe 3.6.1) a été révisée pour permettre l’aménagement d’édifices distincts de commerce de détail d’une superficie brute locative de plus de 8 000 mètres carrés (compte tenu de toutes les autres politiques du Plan). La politique actuelle exige que ces superficies soient intégrées à un centre commercial si elles sont aménagées dans cette désignation.

·         À la désignation Centre polyvalent (paragraphe 3.6.2), nombre de politiques axées sur la conception et celles qui s’appliquent aux plans de conception communautaire sont éliminées, compte tenu des changements intégrés ci‑dessus aux paragraphes 2.5.1 et 2.5.6. Les différences entre les centres polyvalents en évolution sont précisées.

·         À la désignation Rues principales (paragraphe 3.6.3), des politiques particulières ajoutées font une distinction entre les rues principales habituelles (anciens quartiers de la ville) et les principales artères (zones plus récentes, en banlieue surtout). Des politiques sont aussi ajoutées, afin d’accentuer l’orientation piétonnière et de préciser comment l’intensification et l’aménagement intercalaire sur les rues principales seront accomplis et évalués. Ajout : il est convenu qu’il faudra du temps pour conclure la transition vers une formule plus compacte, axée sur les piétons. Autre ajout : il est interdit d’aménager de nouveaux postes d’essence et installations de service à l’auto sur les rues principales habituelles, mais ils sont acceptés aux endroits où ils sont permis selon les règlements de zonage actuels. Le stationnement entre un édifice et la rue est interdit sur les rues principales habituelles, sauf dans des circonstances exceptionnelles. Diverses hauteurs d’édifice sur les rues principales et les artères sont soutenues et précisées. Des politiques axées sur la conception et d’autres politiques appliquées aux plans de conception communautaire ont été retirées, compte tenu des changements apportés aux paragraphes 2.5.1 et 2.5.6 ci‑dessus.

·         Aux désignations Zones d’emploi et d’entreprises (paragraphe 3.6.5), les services de détail continuent d’être limités, mais la modification approfondit de la description – p. ex., service commercial, échantillon et salle d’exposition. La désignation interdit les grandes superficies de commerce de détail – une exception est prévue en ce sens pour les terrains à l’ouest de Terry Fox, au sud de l’autoroute 417, au nord de la promenade Palladium et à l’est de la rivière Carp. Une précision est ajoutée sur le principal objet des Zones d’emploi et d’entreprises comme lieux d’activités économiques et d’affaires. À la désignation Zone d’entreprises, la politique a été révisée pour préciser que l’ajout d’utilisations résidentielles doit permettre d’obtenir une intégration fonctionnelle des utilisations résidentielles et d’emploi. Une nouvelle politique ajoutée à cette section exige que la Ville applique une stratégie aux terrains réservés à l’emploi avant de procéder à l’examen quinquennal du Plan directeur, afin d’évaluer les questions à long terme, par exemple, la réserve de terrains, le marché et les tendances géographiques de l’emploi.

·         À la désignation « Grandes installations urbaines » (paragraphe 3.6.7), des politiques appliquées aux principaux centres commerciaux sont supprimées de la section « Commerce de détail » (paragraphe 3.6.8) et ajoutées ici. La modification supprime le paragraphe 3.6.8.

·         La désignation « Commerce de détail » (paragraphe 3.6.8) est supprimée, sauf les politiques appliquées aux services de détail en général qui ciblent les principaux centres commerciaux, les utilisations réservées aux services de détail de la désignation Villages et les terrains désignés Zone rurale générale. Ces politiques sont intégrées dans d’autres sections du Plan directeur.

·         Les politiques appliquées aux services de détail de la section Villages et qui étaient formulées à la section « Commerce de détail » sont intégrées dans la section « Villages » (paragraphe 3.7.1). La formulation est aussi légèrement modifiée.

·         Les politiques appliquées aux services de détail de la désignation Zone rurale générale formulées à la section « Commerce de détail » sont passées à la section « Zone rurale générale » (paragraphe 3.7.2).

·         Une nouvelle section intitulée « Compatibilité » (paragraphe 4.11) est ajoutée et explique l’intention et l’objectif de la Ville qui exige l’application de politiques de compatibilité, la signification du terme et le genre de critères applicables pour évaluer la compatibilité des propositions d’aménagement dans le contexte d’un milieu déjà aménagé. Voilà qui complète les révisions intégrées dans les paragraphes 2.5.1 et 2.5.6 décrits ci‑dessus.

·         L’Annexe « B », Plan des politiques en milieu urbain, est modifiée pour intégrer les changements apportés à la désignation de l’utilisation des terrains de plusieurs parcelles de terrain, afin de tenir compte des services de détail actuels ou prévus (pour éviter de gros problèmes de non-conformité). La modification tient compte des engagements actuels du Conseil, rationalise la désignation de zones en réaménagement pour obtenir une caractéristique d’utilisation des terrains souhaitable ou pour tenir compte des zones adjacentes et pour apporter d’autres changements, compte tenu des discussions entre la Ville et les appelants.

·        La modification tient non seulement compte des enjeux exigeants une révision de la politique ou un ajout important, elle répond aussi aux préoccupations exprimées, à savoir que l’intention de certains volets du Plan pourraient être exprimée plus clairement. De grandes sections ont été reformulées pour améliorer la précision et la concision. Compte tenu des changements, la modification supprime et remplace des sections complètes du Plan dans de nombreux cas, au lieu d’énumérer par point les nombreux changements secondaires de termes, de phrases et de structure du texte. Cette approche a des répercussions sur les sections suivantes : Aménagement compatible, Une stratégie de conception pour Ottawa, Développement coopératif de la collectivité et plans de conception communautaire, Zone urbaine générale, Centre polyvalent, Rues principales, Zones d’emploi et d’entreprises, Grandes installations urbaines, Commerce de détail.

 

Il subsiste un désaccord entre quelques intervenants sur la question des commerces de détail dans la zone d'emploi et la zone d'entreprise. Un grand nombre des appels interjetés par le secteur du commerce de détail visaient à obtenir que tous les commerces de détail (y compris les grandes surfaces) puissent être autorisés dans ces zones soit de plein droit, soit par voie de changement de zonage, moyennant certaines vérifications des ressources. Le Service recommande que les seuls commerces permis dans cette zone soient les établissements de services (ce qui comprend les dépanneurs) et les salles de montre et de présentation d'échantillons associées à une utilisation permise.

 

Répercussions financières :

 

Sans objet. 

 

Consultation publique / commentaires :

 

La démarche qui a été retenue pour résoudre les appels interjetés relativement au Plan officiel de 2003 a consisté d'abord et avant tout à traiter avec les appelants. La population n'y a donc pas été associée. Toutefois, dans le cas particulier des 26 appels qui portaient principalement sur les utilisations commerciales, on a jugé que les changements proposés au Plan officiel allaient probablement intéresser un plus large public. Par conséquent, il a été décidé de produire une modification au Plan officiel plutôt que de demander à la Commission des affaires municipales de l'Ontario de modifier le document. Le projet de modification a ainsi été diffusé dans la population, qui a pu en prendre connaissance.

 

Quelque 200 exemplaires du projet de modification ont été distribués aux organismes communautaires inscrits du secteur urbain, aux intervenants du secteur urbain qui avaient interjeté appel du Plan officiel de 2003, à certains intervenants qui avaient activement participé à l'étude du Plan officiel de 2003 et qui l'avaient commenté, mais qui n'étaient pas directement représentés dans le processus actuel, aux intervenants dont le personnel a appris l'existence au cours du processus et qui ont manifesté de l'intérêt pour le projet de modification, ainsi qu'à certains comités consultatifs. La modification a été présentée dans les deux langues officielles, dans le cadre de la consultation publique.  On a également fait paraître dans les quotidiens Ottawa Citizen et Le Droit une annonce qui résumait l'esprit de la modification projetée et qui précisait la façon de l'obtenir. Une copie de la modification projetée a également été envoyée à chacun des membres du Conseil.

 

Au moment de la rédaction du présent document, 24 réponses écrites avaient été reçues à la suite de la diffusion du projet de modification. On en trouvera le résumé, accompagné des commentaires du personnel, au document 4.    

 

BACKGROUND

 

This amendment to the 2003 City of Ottawa Official Plan has been initiated by the Planning and Growth Management Department following extensive consultation with the representatives of 26 organizations that had appealed a wide range of policies in the Plan to the Ontario Municipal Board (the Board).  This group of appellants is comprised of members of the retail and commercial land development industry as well as various residential community associations and share many issues in common.  A process was established in concert with these appellants to meet in a facilitated format to explore solutions.  As a result, changes to several parts of the Plan are now proposed in order to address many of the issues raised in the appeals.

 

Because the scope of the appeals was so extensive and affected so much of the Plan, the changes that are now being proposed are quite comprehensive.  Document 1 provides a list of the parts of the Plan affected by the appeals submitted by this group.  Since the changes being proposed are likely to be of interest to the wider community, it was considered that the preparation of a comprehensive amendment to the Plan would be preferable to requesting the Board to make numerous modifications.  The amendment process will allow for a wider public consideration of the proposed changes.  Furthermore, it was realized that among the remaining 59 appellants to the Official Plan who were not part of the facilitated discussions, there would be those who also would have an interest in the parts of the Plan affected by the proposed changes and would want the opportunity to comment in a public forum.  The proposed amendment to the 2003 Official Plan is identified as Document 2.

 

DISCUSSION

 

The appeals raised a large number of detailed concerns with the 2003 Official Plan.  A summary of the main issue areas and the key changes to the Plan that have been proposed in response may be found in PART A of the proposed amendment, identified as Document 2.  Generally, the nature of changes proposed may be categorized as follows:

 

1.         Editorial changes that shift and consolidate policies for the purpose of improving clarity and providing greater ease of reference.  There are a large number of changes that fall within this category.  For the most part, they have not been identified individually, as in many instances it is proposed that entire sections be deleted and replaced, due to the number of changes involved.  These changes are either proposed by staff in response to issues raised during the facilitated sessions, or are suggestions offered by the participants themselves.

 

2.         Substantive policy changes.  These are proposed in direct response to the appeals through the facilitated sessions with the appellants.

 

Retail in Employment and Enterprise Areas

 

One area where disagreement remains outstanding with some of the appellants is that of retail uses within the Employment and Enterprise Area designation.  The 2003 Official Plan only permits what amounts to convenience-level retail.  Many of the retail industry's appeals requested that any retail use (including 'big-box') be allowed in these land use designations, either as-of-right, or by zoning amendment, subject to certain means tests.  The Department is recommending that retail permitted in these designations be service commercial (which includes convenience-level retail) sample and showroom uses in association with a permitted use.  The rationale for this position includes the need to reserve some lands exclusively for employment use so that they remain affordable for employment purposes in the long term and can develop over time without conflict from competing land uses.  Retail, particularly large-format retail, shares a common need with industrial and employment uses for large parcels of land (storage, parking, building floorplate), good visibility and good access.  These considerations aside, the amendment proposes increased opportunity for retail through the redesignation of lands on Schedule B, the Urban Policy Plan, and increased flexibility within the policies associated with other land use designations.  Together, these have determined the Department's response to this particular issue.

 

Design Framework

 

The draft amendment makes reference to Annex 3, entitled 'Design Framework', which was included in PART 'C' of the amendment when originally circulated to the public in December of 2003.  Annexes to the Official Plan are not part of the Official Plan.  The Design Framework includes the Design Objectives and Design Principles set out in S.2.5.1 of the proposed amendment, but its main purpose is to provide a series of associated 'Design Considerations'.  During discussions with the appellants, it became apparent that there was a desire to reach a greater understanding and agreement on how the Design Objectives and Design Principles might be realized.  Accordingly, a list entitled 'Some Design Considerations' was developed by staff and included in a table entitled 'Design Framework'.  This was inserted in PART 'C' of the amendment for the purpose of information and soliciting comment.  However, because it had not been possible during the facilitated sessions to provide the same level of discussion and scrutiny to the Design Considerations as was devoted to the actual policies of the amendment, it was agreed that the collaborative process would continue solely for the purpose of finalizing the Design Considerations portion of Annex 3.  These discussions were scheduled to begin at the time of writing of this submission.  Consequently, Annex 3 has not been included in Document 2 (the amendment) to this submission.  Recommendation 2 directs staff to return to Committee and Council with Annex 3 for approval once the meetings have concluded and the text has been completed.

 

Changes Incorporated in Document 2 (draft Amendment)

 

Following circulation of the draft amendment in December of 2004, and the subsequent notification of the availability of the document in French during March of 2005, staff incorporated a number of changes.  Many of these were strictly editorial, such as correcting typographical errors or correcting grammar.  However, staff also made a number of changes directly in response to comments received during the circulation period in December/January and again following the notice given in March.  Where this latter type of change occurred, it has been referenced within Document 4, the summary of written comments and staff response.  These changes, as well as the more substantial editorial-type changes have been highlighted within Document 2 itself (the draft amendment) by italicizing and underlining or by strike-out of the affected text wherever it occurs.  Those changes that were made following the translation of the document into French have been shown with the addition of an asterisk (*) in order to distinguish them from those made in response to the circulation of the draft in December. 

 

RURAL IMPLICATIONS

[U1] 

The changes proposed in Section 3.7.1 (Villages) and 3.7.2 (General Rural Area) do not represent substantive policy revisions, but are either editorial in nature or consist of relocating existing policy.

 

CONSULTATION

[U2] 

The basis for addressing the appeals to the 2003 Official Plan, has been that it is preferable to attempt to reach a satisfactory solution to the issues without resorting to expensive and time-consuming Ontario Municipal Board hearings. 

[U3] 

Over 30 hours of formal facilitated discussions occurred between City staff and those representatives of the retail industry and community associations who had appealed the Plan over the period April to October, 2004.  Once the policy drafting stage was reached, there were numerous additional opportunities provided for feedback between staff and the appellants.  A complete summary of the facilitated discussion process may be found in PART C of the proposed amendment, identified as Document 2. 

 

It is noted that it was not possible to reach agreement on all matters of contention.  All parties did not accept all of the proposed revisions and some of the changes requested by some of the participants have not been included in the proposed amendment.  It is not known at this time how many of the appeals will be withdrawn in whole or in part in the event the changes contained in the proposed amendment are approved.  Nevertheless, the general consensus has been that the process was a valuable one that has resulted in recommended solutions that will, if approved, be acceptable to many of the parties.  A second benefit is that the scope of the issues appears to have been significantly narrowed.

Once the proposed amendment had been drafted, approximately 200 copies were circulated to the following groups:

 

1.         All retail appellants (the group that had engaged in the facilitated discussions).

 

2.         All parties who had appealed policies that apply to the Urban Area.

 

3.         Registered community organizations within the Urban Area.

 

4.         Any parties that staff became aware of  during the process who expressed an interest.

 

5.         Selected parties who had been actively involved and had commented in the past during consideration of the 2003 Official Plan, who may not be directly represented in the current process.


 

6.         Selected Advisory Committees.

 

In addition, an advertisement was placed in the Ottawa Citizen and Le Droit, announcing the availability of the proposed amendment and providing a brief summary of its intent.

 

At the time of writing of this submission, 24 written replies had been received to the circulation.  These are summarized, with a staff response in Document 4.

 

FINANCIAL IMPLICATIONS

 

N/A

 

SUPPORTING DOCUMENTATION

[U4] 

Document 1      Policies Appealed by the Group Included in the Facilitated Discussion Process

Document 2      Proposed Official Plan Amendment (Distributed and held on file with the City Clerk)

Document 3      Consultation Details

Document 4      Summary of written comments on draft Official Plan Amendment and staff response

 

DISPOSITION

 

Department of Planning and Growth Management to prepare the implementing by-law and forward it to Legal Services Branch, and undertake the statutory notification of the amendment to the City of Ottawa Official Plan (2003).

 

Department of Corporate Services, Legal Services Branch to forward the implementing by-law to City Council.

 

Department of Corporate Services, Legal Services Branch to forward any appeals that may be submitted to the amendment to the Ontario Municipal Board for consideration in conjunction with the outstanding appeals to the 2003 Official Plan at such time as the Board may determine. 

 


RETAIL APPELLANTS - SECTIONS APPEALED THAT HAVE BEEN

ADDRESSED BY PROPOSED OFFICIAL PLAN AMENDMENT                        Document 1

 

Section

Title

Policy

2.5

Building Livable Communities

Preamble

2.5.1

Compatibility of Development

1, 2, 3, 4 & Preamble

2.5.6

A Design Strategy for Ottawa

1,2 & Preamble

2.5.7

Collaborative Community Building and Community Design Plans

ALL plus Preamble

3.6.1

General Urban Area

2, 4, 5, 6, 7

3.6.2

Mixed-Use Centres

1, 3, 4, 5, 6, 7

3.6.3

Mainstreets

1 through 9 inclusive plus Preamble

3.6.5

Employment and Enterprise Areas

ALL, plus Preamble

3.6.8

Provision for Retail

ALL, plus Preamble

3.7.1

Villages

ALL, plus Preamble

Schedule 'B'

Urban Policy Plan

Variety of site specific

 

 

 

 

 


CONSULTATION DETAILS                                                                                       Document 3

 

The process followed for addressing the appeals to the 2003 Official Plan dealt first and foremost with those parties who had submitted appeals and did not involve the general public.  Once an amendment had been drafted, a wide distribution and general notification was initiated on December 10, 2004.  Following the translation of the draft amendment into French, notification as to its availability was sent to these parties on March 4, 2005. 

PUBLIC COMMENTS

[U5] 

At the time of writing of this submission, 24 written replies had been received to the circulation.  These are summarized, with a staff response in Document 4.

 

 

SUMMARY OF PUBLIC INPUT

[U6] 

See Document 4.

 

COUNCILLOR’S COMMENTS

[U7] 

All members of Council were circulated a copy of the proposed amendment.

 

COMMUNITY ORGANIZATION COMMENTS

[U8] 

At the time of writing of this submission, written comments were received from the Innes Re-zoning and Development Group; the Copeland Park Community Alliance; and an individual associated with the Manor Park Community Association.

[U9] 

Their input has been summarized in Document 4.

 

ADVISORY COMMITTEE COMMENTS

[U10] 

The proposed Amendment was circulated to four advisory committees: the Local Architectural Conservation Advisory Committee; the Pedestrian and Transit Advisory Committee; the Roads and Cycling Advisory Committee; and the Arts, Heritage and Culture Advisory Committee. The Ottawa Forest and Greenspace Advisory Committee subsequently requested and received a copy of the draft amendment.  All Advisory Committees received a copy of the notification of the availability of the translated amendment in March of 2005. 

[U11] 


SUMMARY OF WRITTEN COMMENTS ON DRAFT OFFICIAL PLAN AMENDMENT

AND STAFF RESPONSE                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               Document 4

 

 

RESPONSE TO DRAFT OPA (RETAIL APPEALS)

Policy / Raised By

Issue

Response

2.2.3

(S.2.2.a of OPA)

Federation of Citizens’ Associations of Ottawa-Carleton Associations and Hintonburg Community Association

The phrase shown struck within the following sentence in the paragraph describing Mixed-Use Centres could be interpreted to mean that additional development and a greater mix of uses is to be encouraged not only within the Mixed-Use Centre, but in the surrounding area outside of this designation as well.  A change as noted is requested:

 

“Additional development and a greater mix of uses around and within these locations within Mixed-Use Centres will make more effective use of rapid-transit and increase the range of services available to employees and nearby residents.”

Concur.  The intent of the sentence is to apply to the Mixed-Use Centre designation.

The proposed changes were arrived at through mediation with the community associations and were not part of the discussions with the retail appellants.  They are included in the draft amendment for the sake of convenience and because they are not considered to contradict the changes proposed in the remainder of the document.

2.5

(S.2.2.b of OPA)

Federation of Citizens’ Associations of Ottawa-Carleton Associations, and Hintonburg Community Association

The final two sentences of the third paragraph of the preamble should be revised to as follows:

“A focus on community design draws attention to how buildings and the

spaces around them look and function in their setting.  and away from arbitrary standards and rules that have sometimes been found to stifle creative design.  Since the best urban design is informed by a solid appreciation of the place being built, and the people in it, and the community around it, this approach opens the door to creativity and dialogue."

Concur.  These changes do not impact the intent or effect of the affected section.  The proposed changes were arrived at through mediation with the community associations and were not part of the discussions with the retail appellants.  They are included in the draft amendment for the sake of convenience and because they are not considered to contradict the changes proposed in the remainder of the document. 

2.5.1

(S.2.2.1 of OPA)

Retail appellants (design framework sub-group)

The use of the word ‘Community’ as part of the ‘Community Design Framework’ could be confused with ‘Community Design Plan’.  It would be preferable to simply refer to it as ‘Design Framework’.

The change has been made throughout the document wherever the phrase occurs.

2.5.1

(S.2.2.1 of OPA)

Canadian Tire (Delcan).

Remove references to Annex 3 in the OPA, as it has not been subject to collaborative review by stakeholders.

References are made throughout Section 2.5.1 to Annex 3:  Design Framework.  This Annex will be developed in a collaborative process with the appellants and other stakeholders and will be subject to Council approval.  It will not form part of the Official Plan.  The draft Annex was circulated with this Amendment for information and comment.  It is anticipated that it will be in final form in the summer of 2005. The references in S.2.5.1 to Annex 3 should be retained, as its purpose is to provide a greater understanding of how the Design Objectives and Principles in S.2.5.1 could be realized.  The references made to Annex 3 have been modified to be future tense, to reflect that the preparation of the Annex is still underway.

 

2.5.1

(S.2.2.1 of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

Early in the site development process, the needs of the community as a whole should be considered rather than only the interests of the developers. 

This is a valid comment and is addressed throughout the planning process, and is reflected in the Preamble to S.4 of the adopted Official Plan (‘Review of Development Applications’).  It is not specific to the matter of compatibility and design.

2.5.1 second paragraph of preamble

(S.2.2.1 of OPA)

Ottawa Carleton Homebuilders (D.Kennedy)

How does this relate to ‘Where Will We Live’ (WWWL) - it seems that throughout this amendment you deal with compatibility but the WWWL report does not seem to care - both must be consistent or this document may not survive without an appeal.

Good design is the link between compatibility and increased density as modeled in WWWL.  The report to Planning and Environment Committee on WWWL at

http://ottawa.ca/calendar/ottawa/citycouncil/pec/2004/10-26/ACS2004-DEV-POL-0050.htm indicates that an emphasis on good design is needed to make increased density more attractive and enjoyable.  A quote from the report, for example:

“For our mainstreets to be desirable places to live, where people will commit to mortgages and retailers will be drawn to open businesses, it will be paramount to have well-designed buildings. Quality of urban design is a cornerstone of a successful intensification strategy”.

2.5.1 second paragraph of preamble under ‘Compatibility’

(S.2.2.1 of OPA)

Retail appellants (design framework sub-group)

Provide recognition that compatibility will sometimes need to address a new vision for an area that has been identified through a community design plan or other Council-approved planning exercise.

Concur – see new sentence added at the end of the second paragraph of the section entitled ‘Compatibility’.

2.5.1 second paragraph under ‘Design Objectives and Principles’

(S.2.2.1 of OPA)

Retail appellants (design framework sub-group)

Clarification of the manner in which the Design Framework is to be interpreted should be provided.

Concur – see revised phrasing and new sentence added within the second paragraph under the ‘Design Objectives and Principles’ section.

2.5.1

(S.2.2.1 of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

Emphasis on the needs of persons with disabilities appears to be lacking – references are too general.  Requires separate and distinct policy to guide interior & exterior construction principles.

Concur.  See proposed revision to the first principle under Objective 3 (‘To create places that are safe, accessible and are easy to get to, and move through’).  The additional text in Objective 3 will address the issue raised, as it is consistent with ‘barrier-free design’ implemented through the Ontario Building Code.

2.5.1 Principle 4

(S.2.2.1 of OPA)

Manor Park Community Association (Keyes; Thiessen)

Reorganization of S.2.5.1 is a distinct improvement.  However, should add from old Ottawa OP some additional design principles: 12.6.2.1a) high intensity development sites – be compatible in architectural form with abutting neighbourhoods; forms a cohesive & unified cluster of buildings which are architecturally compatible with each other.  Also 12.6.2..2 complementary building heights - achieve a transition between high and low profile buildings through the application of such urban design measures as incremental changes in height, substantial space separation or a planting buffer, or through the use of an existing topographical break or waterway; establish guidelines for the preservation of openness to the sky which will take into account the existing building profiles in established areas of Ottawa.

These suggestions would benefit from the discussion that is being set up to deal with Annex 3.  They represent possible means by which design of new development can respect for the character of existing areas.  The level of detail contained in the former Ottawa Official Plan is greater than what has been established in the adopted Plan and recommended in the amendment.  The Design Considerations in Annex 3 were not subject to the same scrutiny and discussion by the appellants as the actual proposed policy revisions have been.  Staff has committed to meet with the appellants, or a representative sub-group of them and other stakeholders, to further explore the details of the proposed annex.

2.5.1 Principle 6

(S.2.2.1 of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

Promotion of preservation of existing topography emphasizes importance of preserving a hardwood maple stand on a natural ridge in the centre of the Orleans Industrial Park.

Noted.  The preservation of as much vegetation as possible through the development review process is supported by S.4.7.2 (1.a) of the adopted Official Plan.

2.5.1 Ottawa By Design

(S.2.2.1 of OPA)

Retail appellants (design framework sub-group)

Clarification sought as to the purpose of the urban design strategy, particularly in relation to the preparation of urban design guidelines.

This section has been renamed from ‘Urban Design Strategy’ to ‘Ottawa By Design’ in recognition of initiatives that have already taken place under this title subsequent to the adoption of the Official Plan.  The proposed amendment adds two sentences at the beginning of this section and a paragraph at the end to provide an introduction to the strategy and an explanation of how urban design guidelines that arise from Ottawa By Design will be used.

2.5.1 Ottawa By Design, penultimate bullet

(S.2.2.1 of OPA)

Ottawa Carleton Homebuilders (D.Kennedy)

Who has to provide art and who is paying?

No one has to provide art and the costs could be funded from many sources.  Policy 3 has the City providing a leadership role by providing art in municipal facilities; this art could be funded through many sources, including donations and donations-in-kind.

2.5.1 Policy 1

(S.2.2.1 of OPA)

Retail appellants (design framework sub-group)

The underlined phrase in the sentence “The Design Considerations in Annex 3 provide illustrations of how the Design Objectives and Principles might be realized” could be misleading, since Annex 3 does not attempt to provide physical illustrations.

The amendment proposes that the underlined phrase be revised to read “offer some ways in which” and this is acceptable to the group.

2.5.1 Policy 3 (S.2.2.1 of OPA)

Community and Protective Services Department

There is a possibility that the phrase “municipal facilities” could be interpreted narrowly to mean only “buildings”, whereas the intent is to include all types of municipal structures, and lands.

Noted. The policy has been revised to clarify this.

2.5.6

(S.2.2.3 of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

First step in preparing a Community Design Plan must include the identification of roots & founding history.  More emphasis is needed on identification of historical sites that preserve the origins of the community.

Policy 1 of the revised S.2.5.6 (S.2.2.3 of the amendment) requires that the Community Design Plan is to translate the principles, objectives and policies of the Official Plan to specific areas and streets.  This would include the provisions of S.2.5.5 ‘Cultural Heritage Resources’ and S.4.6 ‘Heritage Buildings and Areas’.  

2.5.6

(S.2.2.3 of OPA)

OCCSB (MacMillan).

School boards must continue to play a significant role in future Community Design Plan exercises (have found process necessary and positive approach to institutional land use planning).

Noted.

2.5.6

(S.2.2.3 of OPA)

Equity Realty

(FoTenn)

Confirm that the ‘City Centre Site Specific Policies and Planning Recommendations and Design Guidelines’ developed under the old Ottawa Official Plan maintain their status and relevance and that a Community Design Plan will not be required for the redevelopment of the City Centre lands. 

Policy 5 of the revised S.2.5.6 states that Community Design Plans will draw on earlier studies for the community as appropriate.  In this case, the work completed by the applicant and the former City of Ottawa would apply.  The City Centre site is designated Mixed-Use Centre, with a Traditional Mainstreet designation along the Somerset St. West frontage.  Neither designation requires the completion of a Community Design Plan prior to development proceeding.

2.5.6

(S.2.2.3 of OPA)

First Pro (Mary Bull)

Ottawa Carleton Homebuilders (D.Kennedy)

Amend so as to make it consistent with Preamble to OPA by replacing the words “should not” in the 4th introductory paragraph with the words “need not” in order to give the City the necessary flexibility to adopt Community Design Plans as amendments to Official Plan in these circumstances. 

Concur with the need to ensure consistency – see revision to the fourth paragraph of the preamble to S.2.5.6 (S.2.2.3 of the amendment).   The revision is also more consistent with the wording of policy 6 of this section.

2.5.6 (4)

(S.2.2.3 of OPA)

Ottawa Carleton Homebuilders (D.Kennedy)

Check the use of the word " will " in the sentence: “Once City Council approves a Community Design Plan…the approved plan will guide future development of the area.”  (in Policy 4)

The concern implies there may be a conflict with the recent OMB Order involving revisions to S.5.4 of the Official Plan that indicates CDP’s (and other non-statutory documents referred to in the Official Plan) “may” be used to guide Council decisions.  Policy 4 of S.2.5.6 states the intent of Council – that Council-approved CDP’s “will” be used to guide development for specific areas of the city.  S.5.4 is a recognition that documents such as design guidelines, planning studies and CDP’s that are not part of the Official Plan are not legally binding and thus, in a legal sense, “may” be used to guide Council decisions.  No change is recommended.

2.5.6 (5)

(S.2.2.3 of OPA)

Ottawa Carleton Homebuilders (D.Kennedy)

You must apply weights here, as a land-owner must have more consideration than an interested party.  There is no way " other groups " should initiate a Community Design Plan without proprietary interest

CDPs have been and will be prepared in a variety of contexts—existing communities, new communities, villages—and the policy has to allow for a range of participants in a variety of contexts. This is the heart of the collaborative community building process embraced by Ottawa 20/20.  In any given circumstance, landowners will have a significant interest and their participation in the process will ensure a great level of consideration by decision-makers.   CDPs have been initiated by a variety of groups, not all of them landowners.  The Beechwood Avenue CDP, for example, was initiated by residents and strongly supported by their municipal councilor, in response to concerns about the loss of retail.  The Conroy area study was initiated by the City in response to uncertainties about the future of this area and the need for direction.  It is also understood that OCHBA has expressed interest in initiating a CDP in partnership with a local community.  Once initiated, a CDP that proceeds without the input from landowners or other groups with a key interest in the plan would be seriously impaired.  No change is recommended.

2.5.6 (6)

(S.2.2.3 of OPA)

First Pro (Mary Bull)

Community Design Plans should be required to be adopted as amendments to the OP.

There was no consensus among appellants on this (see the following issue, for example).  Policy 6 states that a CDP may be adopted as a Secondary Plan via an amendment to the Official Plan, but that an amendment will only be required in the case where a change in Official Plan policy is contemplated (text or schedule).  The policy states the situations where an amendment is not required – 1) where it is done primarily to direct zoning changes and the zoning amendment accompanies the CDP (avoids duplication of process – i.e. the zoning can be appealed to the OMB should parties disagree – there is no need to have policies from the CDP before the Board at the same time). 2) where it is done on lands designated Developing Community (this is consistent with the adopted Official Plan – lands under this designation had development rights under former municipal official plans and it was resolved that additional layers of approval would not be imposed by requiring amendments to the new Plan, provided the type of development proposed is consistent with the policies of the Plan).  3) where all parties (proponent, affected community, and City) all agree that Council waive the requirement for a Secondary Plan.

2.5.6 (6)

(S.2.2.3 of OPA)

Ottawa Carleton Homebuilders (D.Kennedy)

The need for an OPA should be eliminated unless a clear schedule or policy change occurs. Also in this policy you are to clarify that any of the 3 are exceptions not all combined. 

This was not the deal that was made to accept a Developing Communities designation (e.g. the Riverside South mixed-use area does not need an OPA for the area shown as ‘Mixed Use’ on the CDP as there are not enough jobs).

Upon completion of a CDP does the Developing Communities designation get lifted?

 

Policy 6 states that a CDP may be adopted as a Secondary Plan via an amendment to the Official Plan, but that an amendment will only be required in the case where a change in Official Plan policy is contemplated (text or schedule).  It is agreed that some clarification is necessary to ensure that the three situations not requiring an amendment are mutually exclusive (see revisions to Policy 6). 

Policy 6 also indicates that a CDP carried out for lands designated as Developing Community on Schedule ‘B’ of the Official Plan does not require an amendment to the Plan.  The mixed-use area in Riverside South is not designated as a Mixed-Use Centre in the Official Plan, but is part of a Developing Community designation.  It does not require an amendment to the Plan.

The Developing Communities cross-hatch is treated as an over-lay and is removed at the next consolidation of the Plan.  It is not removed by amendment.

2.5.6 (8)

(S.2.2.3 of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

Orleans Industrial Park in its entirety should be subject to a Community Design Plan (not just the Mixed-Use Centre).  Cross-reference ‘strategic development plan’ prepared by the community and urban design guidelines that were adopted by Council in Nov.’04. 

The Mixed-Use Centre portion of this area must have a Community Design Plan done prior to development occurring (see policy 4 of S.3.6.2 in the amendment and policy 5 of the adopted Plan).  The Employment Area portion of the business park has already been subject to serviceability studies and design guidelines.  It may be appropriate to carry out a Community Design Plan on the proposed Arterial Mainstreet portion along Innes Road.  This could be added as part of the Department’s work program as a priority should Committee so direct.

2.5.6 (8)

(S.2.2.3 of OPA)

Ottawa Carleton Homebuilders (D.Kennedy)

What is the authority for a Secondary Plan for the Mer Bleue Mixed-Use Centre area - did not see it in the May 03 OP?

 

The authority for this plan is in the adopted Official Plan (May, 2003) in Section 3.6.2 policy 5.

3.6.1(1)

(S.2.3.1 of OPA)

Canadian Tire (Delcan).

North American Acquisition Corp., First Capital  (Eagleson Cope Drive) Corp. Inc., Barrhaven Town Centre Inc., Barrhaven Developments Inc., & Orleans Gardens Development Inc. (Kathleen Willis)

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

Gas bars, service stations, convenience stores and car washes permitted in General Urban Area? 

Gas bars, service stations, convenience stores and car washes are permitted in General Urban Area under Policy 1 as either a service use or a retail use.

 

3.6.1 (5)

(S.2.3.1 of OPA)

Loblaws (FoTenn)

Confirm that larger sites (including retail) are permitted in the General Urban Area, provided impacts can be mitigated, on the perimeter of neighbourhoods, generally at transit stations and on major roads. 

The statement is correct.  Policy 2 applies the design and compatibility provisions of the Plan.  See proposed staff revision to Policy 5, which also clarifies the nature of the uses anticipated.

3.6.1 (6)

(S.2.3.1 of OPA)

Loblaws (FoTenn)

Confirm that smaller uses, including local convenience & service uses are encouraged in appropriate locations within established neighbourhoods in the General Urban Area. 

The statement is correct.  See proposed staff revision to Policy 6 – the intent is to encourage the creation of more complete communities by permitting uses that supply everyday convenience goods and services, subject to the stated criteria and policies of the Plan.

 

3.6.1 (6)

(S.2.3.1 of OPA)

North American Acquisition Corp., First Capital  (Eagleson Cope Drive) Corp. Inc., Barrhaven Town Centre Inc., Barrhaven Developments Inc., & Orleans Gardens Development Inc. (Kathleen Willis)

Confirm that small, locally-oriented convenience and service uses are permitted ‘within’ the General Urban Area – clarification sought as to what the term ‘within’ means. 

See proposed staff revision to Policy 6, where the term ‘within’ is replaced by ‘throughout’.

3.6.1 (6)

(S.2.3.1 of OPA)

Rockcliffe Park Residents Association

(A.Keith)

The Village of Rockcliffe Park heritage conservation district has a zoning policy that precludes commercial enterprises.  Therefore, please add words that exclude this area from the provision of convenience and service uses as envisaged by policy 6.

This policy encourages the provision of small, locally-oriented convenience and service uses that complement adjacent residential land uses.  It is a policy that addresses the notion of ‘complete communities’ as expressed in the Ottawa 20/20 principles.  However, the policy does not require that the zoning by-law permit local convenience and service uses everywhere in the General Urban Area.  The preamble to S.3.6.1 underscores this fact.  There are many areas throughout the city that are zoned exclusively for residential uses and there is no issue of conformity with the Official Plan in such cases.  The Village of Rockcliffe Park Secondary Plan, contained in Volume 2A of the Official Plan, excludes commercial uses from the Village.  S.4.1 of the Official Plan (Volume 1) indicates that Secondary Plans must conform with the policies and plans of Volume 1, but that they can be more restrictive than the policies contained in Volume 1.  Hence, given that there is a Secondary Plan and zoning by-law in place that prohibit commercial uses, and given that policy 6 of S.3.6.1 does not require such uses in every part of the General Urban Area, there is no need to provide exemption from the policy.  

3.6.1 (7)

(S.2.3.1 of OPA)

Loblaws (FoTenn)

Confirm that the exclusion of uses requiring large land areas for outdoor storage, sale or service of goods does not include retail uses w/associated surface parking. 

The statement is correct.  The intent of the policy is to avoid uses for which large land areas for permanent storage is an integral part of the operation.

3.6.2 (2)

(S.2.3.2 of OPA)

Canadian Tire (Delcan).

North American Acquisition Corp., First Capital  (Eagleson Cope Drive) Corp. Inc., Barrhaven Town Centre Inc., Barrhaven Developments Inc., & Orleans Gardens Development Inc. (Kathleen Willis – 1st point only).

Canadian Petroleum Products Institute (Lloyd Phillips & Associates – 1st point only)

 

Confirm that gas bars, service stations, convenience stores, and car washes permitted in Mixed-Use Centres (MUC).  Alternatively, request that two existing uses (500 Terry Fox Drive & 2010 Ogilvie Rd.) be recognized as permitted and that maximum parking rates will not be applied to the Ogilvie site (Blair Rd. transit stn.). 

There are several existing gas bar type developments in areas designated MUC (e.g. Kanata Town Centre) and vacant lands zoned for this use (e.g. Palladium Auto Park).

Will lands presently zoned for these uses continue to have this zoning?

See proposed revisions to S.3.6.2 (2) in response.  Generally, there will not be a blanket removal of zoning for these uses, but as Community Design Plans are approved at Mixed-Use Centres, this may change, and there may be restrictions on these types of uses on lands close to transit stations.  Site-specific zoning may be enacted to recognize existing uses or lands currently zoned to allow these uses.

3.6.2 (3)

(S.2.3.2 of OPA)

Ottawa Carleton Homebuilders (D.Kennedy)

Please confirm this policy (requiring employment targets of at least 5,000 jobs) does not apply to Riverside South's mixed-use (MU) area.

This policy requires at least 5,000 jobs in areas designated Mixed-Use Centre on Schedule ‘B’.  The mixed-use area in the proposed Riverside South CDP is part of Developing Community designation in the Official Plan and so Policy 3 does not apply.

3.6.2 (7.e)

(S.2.3.2 of OPA)

Staff-Initiated

The current wording of S.3.6.2 Policy 4 b) i) of the adopted Plan and Policy 7e) of the amendment states that zoning and Community Design Plans will provide a maximum and minimum parking requirement for development within 400 metres of a rapid-transit station.  The amendment further recognizes that the actual rate will vary depending upon the geographical location of individual Mixed-Use Centres.  The 400-metre distance has historically been used as the benchmark establishing the distance people will walk to transit.  This is not considered to be an appropriate figure to use in association with the establishment of parking rates that will be supportive of achieving transit-oriented development, particularly within the Mixed-Use Centre designation, where the focus is upon taking advantage of the opportunities offered by the presence of the rapid-transit system. 

It is recommended that the distance from a rapid-transit station within which minimum and maximum parking rates could be established be changed from 400 metres to 600 metres.  This is consistent with other parts of the Official Plan that address infill and intensification to promote increased transit usage within 600 metres of transit stations – e.g. S.2.2.3, Policy 3.a) and S.4.3, Policies 3 and 4.  The latter policy states that the City may reduce parking requirements as one method of reducing reliance on the automobile for uses located within 600 metres of a rapid-transit station. 

Using 600, rather than 400 metres, in the case of Mixed-Use Centres is logical in that these areas have been identified by the Plan as strategic to the achievement of the City’s growth management strategy.  The Plan encourages higher density development in Mixed-Use Centres, particularly in the vicinity of rapid-transit stations.  Rapid-transit stations (as opposed to a transit stops) are characterized by or are planned to handle high volumes and frequency of transit traffic.

The City of Calgary uses 600 metres and studies in Seattle indicate that people are willing to walk further when the destination is a transit station, as opposed to a bus stop. 

3.6.2 (7)

(S.2.3.2 of OPA)

Federation of Citizens’ Associations of Ottawa-Carleton and Hintonburg Community Association

A transition is needed between Mixed-Use Centres, which are the focus of higher intensity development, and adjacent General Urban Areas.  This transition should be provided within the lands designated Mixed-Use Centre, not within those designated General Urban.

Concur.  If a transition in height or density were to be provided within an adjoining General Urban Area, it could introduce development that is out of scale or character with the existing context.  The Mixed-Use Centre is the focus of intensification and it is appropriate that a transition be provided within the designation itself.  See additional text ‘i’ proposed to be to be added by the amendment to policy 7. 

The proposed changes were arrived at through mediation with the community associations and were not part of the discussions with the retail appellants.  They are included in the draft amendment for the sake of convenience and because they are not considered to contradict the changes proposed in the remainder of the document.

3.6.3

(S.2.3.3 of OPA)

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

General support for proposed approach that introduces “Traditional and Arterial Mainstreet”.

Noted.

3.6.3 (1)

(S.2.3.3 of OPA)

Canadian Tire (Delcan).

Concern that the policy indicating that zoning may define the portion of street frontage of an Arterial Mainstreet to be occupied by buildings located at or set back minimally from the sidewalk may unreasonably hinder development or redevelopment.

This policy went through a number of iterations and the issue raised was the subject of discussion among staff and the appellants.  It is felt that the way it has been drafted satisfies the majority of parties and allows for maximum flexibility.  No change is recommended.

3.6.3 (2)

(S.2.3.3 of OPA)

First Pro (Mary Bull).

Confirm that the Arterial Mainstreet designation applies to the entire First Pro property at s.w. quadrant of Mer Bleue and Innes Rd

Policy 2 of S.3.6.3 has been drafted to take into account the situation where extra deep lots lie adjacent to Mainstreets.  A minor revision to this policy is proposed by staff to provide additional clarity in response to a similar question being raised by certain land owners within the Arterial Mainstreet designation proposed along the west side of Eagleson Road.

3.6.3 (6)

(S.2.3.3 of OPA)

Tim Hortons

McDonald’s Restaurants (Michael Polowin).

 

Traditional Mainstreets do not permit drive-through uses.

The policy permits existing drive-through establishments if allowed under the zoning in force at the time of adoption of the Official Plan.  The zoning of many of the areas proposed in the amendment as Traditional Mainstreets currently does not allow the use.  The basis for prohibiting new drive-through uses is set out in S.3.6.3 and within proposed policy 6 of this section.   

3.6.3 (6)

(S.2.3.3 of OPA)

Tim Hortons

McDonald’s Restaurants (Michael Polowin).

Remove phrase “Council-approved guidelines”, by which new gas bars, etc. be evaluated on Arterial Mainstreets.

This reference is appropriate.  Design guidelines are one component of the Urban Design Strategy (‘Ottawa By Design’) identified in the adopted Official Plan.  They will be developed in partnership with the industry and will be approved by Council, a procedure that has been followed successfully by other municipalities across the Province.

3.6.3 (6)

(S.2.3.3 of OPA)

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

Concur with the policy, except for the use of the word “will” in 9th line before the words “be evaluated” in context of application of Design Objectives, Policies, Guidelines, etc. because it requires the entire battery of tests be applied.  The gas bar uses are the only ones to which it applies.  Proposed that “may” be substituted for “will” to allow for reasonable flexibility.

The design objectives and principles were developed jointly with the appellants to provide for more flexibility and to establish an understanding of the City’s role in design.  S.2.5.6 in the amendment clearly sets out how they will be applied.  It is not appropriate to make the suggested change as it would mean that consideration of the objectives and principles themselves could become optional.  The sentence that includes the word ‘will’ has been used throughout the amendment in several other policies.

3.6.3 (7) identified as 3.6.3 (6) in error)

(S.2.3.3 of OPA)

Tim Hortons

McDonald’s Restaurants (Michael Polowin).

Extend flexibility in circumstances where parking permitted between building & street on Traditional Mainstreets to include drive-through establishments. 

Policy 7 makes no distinction among land uses.  The flexibility set out in the policy applies to all uses permitted in the designation.

3.6.3 (8)

(S.2.3.3 of OPA)

Tim Hortons

McDonald’s Restaurants (Michael Polowin).

The phrase “must meet all of the objectives of this Plan…and the Compatibility policies set out in Section 4.11” was intended to be removed.

Concur.  See proposed revisions to the policy.  The reference to Compatibility (S.2.5.1) and S.4.11 is included in Policy 5.  The reference to “all the objectives of this Plan” is unnecessary, since it applies in all instances, unless otherwise stipulated.

3.6.3 (8)

(S.2.3.3 of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

Building heights of up to 8 stories on Arterial Mainstreets may not be appropriate in all neighbourhoods (e.g. North side of Innes Rd.) – where it runs adjacent to a residential neighbourhood, a two-storey limit would be reasonable. 

The policy states that building heights “up to” eight stories are supported. This does not require the zoning by-law to zone to the maximum in all circumstances.  Distinctions will be made as appropriate in accordance with the provisions of S.2.5.1 and 4.11.  The comprehensive zoning by-law will not be changed to specify building heights on individual mainstreets.  Changes will be considered  in the context of an application or the approval of a Community Design Plan.

3.6.3 (8)

(S.2.3.3 of OPA)

Canadian Tire (Delcan)

Confirm that references to # of building stories are maximums, not minimums. 

Policy 8 of S.3.6.3 refers to building height ranges supported by the policies of the Plan.  They are maximums, not minimums.

3.6.3 (9)

(S.2.3.3 of OPA)

Loblaws (FoTenn)

Uncertain how minimum building height equivalent of a two-storey building will be implemented and what it means (false façade?).  Concern that economic implications will discourage smaller independent retailers. 

The type of development that characterizes the older Mainstreets, which have been designated ‘Traditional’ Mainstreets by the amendment, is generally multi-storey.  The insertion of modern, single-use, single-storey buildings amidst three and four-storey structures breaks the feel of the traditional streetscape by interrupting the pattern and detracts from the overall sense of enclosure and scale that is so valued in these areas.  The ideal response is to require multi-storey buildings.  This was not acceptable to the appellants.  The proposed wording requires buildings “the equivalent of a two storey building”.  The means of achieving this could involve false façades or other architectural methods that will give the impression of a taller building in keeping with its context.

3.6.3 (9)

(S.2.3.3 of OPA)

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

The word “generally” should be inserted after the word “will” in the first line to convey policy intent while allowing flexibility to respond to local conditions and not conflict with existing zoning provisions of policy 6.

See proposed revisions to policy 9, which are intended to avoid the possibility of conflict with policy 6.

3.6.5

(S.2.3.4 of OPA)

Loblaws (FoTenn)

Position that City needs to protect employment lands is unsubstantiated by any comprehensive study (reference ‘Inventory of Vacant Business Park/Industrial Sites in the City of Ottawa’, Nov., 2002).

 

Preliminary analysis carried out subsequent to 2002 suggests that a significant amount of the City’s inventory of employment lands is under pressure for development to other uses.  In response, policy 5 of the proposed amendment provides direction to undertake an employment lands strategy.  The new Provincial Policy Statement, which came into force on March 1, 2005, supports the retention of a sufficient supply of employment lands in cities for future needs.

3.6.5

(S.2.3.4 of OPA)

Loblaws (FoTenn)

Discriminates against retail employment, which is a significant employment generator, often well in excess of employment generated in traditional business parks; no evidence that retail is of any lesser value for Ottawa economy than any other type of employment; no evidence that retail in employment areas detrimental to any sector or neighbourhood; in certain circumstances retail in employment areas is appropriate & in public interest.

While it is recognized that retail uses do generate employment (as do other forms, such as institutional) the value of retail lies primarily in its role in contributing to vibrant, mixed-use communities.  The Employment and Enterprise Area designations are intended to meet the need for places of business and economic activity – see proposed revision to the introductory paragraph of S.3.6.5 in this regard.

3.6.5

(S.2.3.4 of OPA)

Loblaws (FoTenn)

Creation of non-conformity – “many” sites - developed, in development review process, or awaiting development. 

FoTenn has confirmed that ‘many’ refers to two sites – Walkley and Conroy; and Trim Road.  Both of these are discussed under Schedule ‘B’ below.

3.6.5

(S.2.3.4 of OPA)

Loblaws (FoTenn)

Retail uses permitted by existing zoning by-laws should remain as permitted uses (i.e. remove possibility of them becoming legal non-conforming in Employment /Enterprise Areas).

The Planning Act anticipates the creation of legal non-conformity.  It is not the long-term intent of the Official Plan to encourage the continuance of retail in areas designated for employment purposes, other than as set out in S.3.6.5.  At the same time, it is also not the intent to create substantial non-conforming situations.  To this end, the amendment proposes that the vast majority of areas containing large-scale retail uses be redesignated to a designation that permits retail uses.  

3.6.5

(S.2.3.4 of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

Big box stores and small service/retail businesses in the Orleans Industrial Park do not offer solid, career-oriented employment.  The recommendation of the amendments to the OP really does not address the needs of our community. 

The area along the south side of Innes Road is proposed to be redesignated to Arterial Mainstreet, partly in response to approvals that have been granted in the past and partly in order to retain the inner area of the Orleans Business Park for employment uses.

3.6.5

(S.2.3.4 of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

Proposed ‘super snow disposal facility’ within an Employment Area (such as Orleans Business Park) is not compatible and would discourage prestigious uses with signature addresses from locating there.

Noted.

3.6.5 (2)

(S.2.3.4 of OPA)

Canadian Tire (Delcan)

Loblaws (FoTenn)

First Pro (Bull)

Proposed policies do not permit suitable range of retail uses in appropriate locations.  Restriction of retail in Employment or Enterprise Areas – larger retail should be permitted, subject to certain means tests in context of zoning amendment (demonstrate that the planned employment function will not be undermined; will improve available retail services in surrounding area & not threaten existing planned retail structure in area; compatible & complementary per S.2.5.1 & S.4.11).  Perimeters of Employment Areas, particularly in locations near residential communities are appropriate locations for large-scale retail (good access to intended market and can be developed in a manner compatible with surroundings).  Exclusion not consistent with previous staff recommendations.

With the exception of the Employment and Enterprise Area designations, every urban land use designation permitting development allows for a full range of retail opportunities.  Discussions at the Planning and Environment Committee meeting directing staff to re-examine the question of retail uses in Employment Areas raised the possibility of re-designating lands to a more appropriate designation, rather than revising the Employment designation to permit large-scale retail.  This is the approach that was followed in order to provide sufficient locations where retail is permitted.

3.6.5 (2.c)

(S.2.3.4 of OPA)

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

Confirm that the policy permits a car wash.

Confirmed, provided all the applicable requirements of the Official Plan have been satisfied.

3.6.5 (2.d)

(S.2.3.4 of OPA)

Development Advisory Group, 1374924 Ontario Inc., Kestrel Properties Inc.

(Novatech)

Concern with the portion of the policy that requires the proportion of the gross leaseable area of a building devoted to sample and showroom space to be subordinate to the primary use of the building for warehouse storage.  It is felt that this severely limits the ability of many commercial distributors to make the most effective use of their warehousing facilities, as many of these distribution centres now focus on displaying a large selection of goods that are then ordered specifically from the larger distribution centres in Toronto and Montreal.  This reflects a business practice that minimizes holding of large (and costly) inventories.  Production facilities and distribution centres are concentrated in just a few regions or countries and used to service most of Eastern Canada.  Companies no longer need to maintain production and/or distribution facilities in every city in which they operate.

 

Also some concern with limiting the associated use in which the sample and showroom space is located to a warehouse only.

There are examples of warehouse and distribution centres in Ottawa servicing other outlets, both within the city and beyond – for example the Sears warehouse on St. Laurent Blvd. services many other Ottawa-area locations, while the Giant Tiger facility in the Walkey/Russell Road area services parts of Eastern Canada, including Quebec.  The concern of staff is that the policy not be made permissive to the point of allowing these uses to become retail stores in their own right in Employment and Enterprise Areas.  It is considered that where sample and showroom space is not subordinate, it will simply become another destination retail use, contrary to the intent of the Employment and Enterprise Area designations.

 

One minor change is proposed to accommodate the concern that sample and showroom space be allowed in association with permitted uses of the designation, other than a warehouse alone.    This would allow, for example, situations such as an office building devoting part of a ground floor to sample and showroom space. 

3.6.5 (4.b)

(S.2.3.4 of OPA)

Cavanagh Developments (FoTenn).

Criteria governing residential uses in Enterprise Areas should be based on target density, rather than housing form.  Suggest modification as follows:

“A mix of housing is provided but all housing is in the form of townhouses, stacked townhouses or apartments; provided however that exceptions may be made to allow additional housing forms, as part of the housing mix, if the proponent can demonstrate that density targets will, nevertheless, be achieved.”

 

The wording contained in the amendment was arrived at following consultation.  Should innovative approaches to achieving residential development in Enterprise Areas be submitted to the City, site-specific amendments would be considered.

3.6.7 (4)

(S.2.3.5 of OPA)

Rideau-Carleton Holdings Ltd.

(P.Vice / FoTenn)

Policy 4 has already been approved by Council as part of Amendment 12 to the Official Plan (2003), adopted on September 8, 2004.  There were no appeals to this particular policy.  Section 2.3.5 of the proposed amendment repeals and replaces the entire S.3.6.7, for reasons of clarity and conciseness.   The new S.3.6.7 reiterates site specific policy provisions relating to the Rideau Carleton Raceway and Slots facility that were contained in the approved Amendment 12.  The concern is that, being part of the larger amendment, the specific matter relating to the Raceway and slots facility will be re-opened for potential appeal and may become entangled in on-going appeals related to other issues. 

The introductory portion to S.2.3.5 of the amendment has been revised to remove the site-specific policy from the Amendment, thereby avoiding the issues raised. 

3.6.7 (11)

(S.2.3.5 of OPA)

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

Confirm that the policy permits gas bar, service station, car wash and convenience store.

Confirmed, provided all the applicable requirements of the Official Plan have been satisfied.

3.7.1 (4)

(S.2.3.7 of OPA)

Loblaws (FoTenn)

Why the upper limit of 10,000 square metres on retail and commercial service facilities if market conditions can support the development & they meet design objectives & compatibility criteria?  These uses provide services to the local community. 

Consistent with S.2.2 , the intent of the adopted Official Plan is to manage growth in the city by concentrating it within the urban area to make the most efficient use of facilities and services.      

4.1 (1)

(S.2.4.1 of OPA)

Ottawa Carleton Homebuilders

There was concern that the statement indicating that Community Design Plans approved after the adoption of the Official Plan will be deemed to conform with the Plan could be interpreted to conflict with Policy 4 of S.2.5.6 of the amendment.

The reference in Policy 1 of S.4.1 to a Community Design Plan (CDP) being deemed to conform with the policies of the Official Plan does not have a legislative basis to support it.  The policy is considered redundant, in that Policy 4 of S.2.5.6, as set out in the amendment, establishes the circumstances under which a Community Design Plan will be approved as an amendment to the Official Plan.  Further, the reference to a CDP being shown in Appendix 3 is also redundant as this is also covered in Policy 4 of S.2.5.6 as set out in the amendment.  Hence, the amendment proposes that Policy 1 of S.4.1 be deleted.  

4.11

(S.2.4.2 of OPA)

John Blatherwick

The measures contained in S.4.1 ‘Compatibility’ all contain the permissive phrases “should” or “may”, rather than the words “shall” or “will” that are used in the former City of Ottawa Official Plan for similar policies.

 

There are no measures to:

  • Ensure new lot sizes approximate those of the surrounding area;
  • Require the physical orientation of new buildings to the street is similar to existing structures;
  • Require the provision of amenity space at the new site and to protect privacy and minimize impacts on adjacent properties;
  • Require minimizing of shadowing effects;
  • Ensure that the physical potential of the site can accommodate the proposed structure(s);
  • Ensure that existing services can support new households;
  • Ensure the protection of the existing urban forest at a development site.

 

The measures lack conditions to make them tight infill standards and will not always fully apply to development applications, as they will vary depending “on the use proposed and the planning context”.  There is too much room for interpretation as to the applicability of the measures.  Where intensification is a Council-approved aim, vulnerable neighbourhoods require fairly prescriptive residential infill criteria.

 

 

Response (cont’d. from right-hand column)

 

The location of outdoor amenity space, when provided, is important vis à vis its relationship to existing development and this is addressed by Policy 2.f).  Minimizing shadowing effects is addressed by Policy 2.j).  Ensuring that the physical potential of a site can accommodate the proposed structure is a function of the zoning by-law and would be very difficult to interpret in measures of compatibility.  The adequacy of services is addressed throughout S.4 of the Plan (e.g. S.4.4).  The protection of urban forest is addressed in S.4.7.1 and 4.7.2.

The compatibility criteria of this section are predicated upon Policy 1 of S.4.11 which states that the City “will’ have regard for the policies of the land use designation applicable to a given site, all applicable Community Design Plans, Secondary Plans or Site Specific Policies (which may contain additional compatibility measures), as well as the Design Objectives and Principles in S. 2.5.1, and the preceding policies in S.4.1 through S.4.10.  Policy 2 of S.4.11 states that the City “will” evaluate compatibility on the basis of the 12 measures that follow, even though the weight and applicability may vary, depending on the site circumstances.

Throughout the preparation of the Official Plan and its various iterations, there have been concerns over the issues of design and compatibility – from the industry that policies were too prescriptive; from representatives of the community at large that they were not prescriptive enough.  The Department’s response has been to acknowledge that there will be more than one response possible in any given situation to address these issues.  Some flexibility is essential in the policy framework to enable an appropriate response to be crafted, taking into account individual circumstances presented by development situations, while holding to overall design principles and measures of compatibility.  

With respect to the bulleted list, use of words like “ensure” and “require” in association with compatibility are not appropriate, since, in many cases, guaranteeing the stated aim may not be possible, practical, or relevant in every circumstance.  The specific issues raised are addressed by policies in the adopted Plan or within the proposed amendment, though not in the prescriptive manner requested.  Should Council determine it wishes the first two items in the bulleted list to be referenced, they could be added to Policy 2. e), as they relate to the measure dealing with the ‘Pattern of the Surrounding Community’.  The third bullet (require amenity space) is not an appropriate requirement in measures dealing with compatibility and would be dealt with by individual site plan agreements when it is determined that it is needed. 

 

4.11 Paragraph 4

(S.2.4.2 of OPA)

Manor Park Community Association (Keyes; Thiessen)

Invites erosion of established neighbourhoods with radically different development at their peripheries – distorts basic concept of compatibility and conflicts with established planning principles requiring a transition between high and low-rise development – suggests deleting the word “much” before “more intensive development”.

The 4th paragraph of the preamble of S. 4.11 relates to the 3rd paragraph of the preamble of S.2.5.1 of the adopted Official Plan, but alters it in several significant ways:

·         “More intensive development than has occurred in the past” may be allowed not only in areas adjacent to major roads, but also “at the periphery of neighbourhoods and proximate to transit stations”.  The existing S.2.5.1 only indicated that these areas are excellent locations for “compact and mixed-use development”.

The compatibility criteria 2.d) and 2.e) require further attention:

·         2.d) Building Height and Massing - should say new buildings ‘must fit into the area context’ rather than “should have regard to the area context”. A transition in building heights should be ‘required’, rather than merely be “desirable”.  A reference to maintaining human scale, particularly in residential developments, should be added and the term ‘human scale’ defined in terms of auditory and/or visual impacts and should be limited by height limits or a ratio of height to the width of the right-of-way.

·         2.e) Pattern of the Surrounding Community – indicates that the proposed design may compensate for variation in height, building mass, proportion, street setback and distance between buildings through its treatment of other characteristics common to the surrounding community.  It is not clear how or to what degree this compensation may take place and may allow for radically larger development as long as it replicates some of the architectural features of its surroundings.

 

Response (cont’d.)

 

through S.4.10.  Policy 2 of S.4.11 states that the City “will” evaluate compatibility on the basis of the 12 measures that follow, even though the weight and applicability may vary depending on the site circumstances.  A reference to ‘human scale’ has been added to 2.d) and a definition added to the Glossary (Part ‘C’ of the amendment).  Regarding 2.e), staff do not agree with the concern – the criteria cannot be read in isolation of one another, or ignore the overall context as stated in S.2.5.1 or S.4.11.

Concur with the removal of the word “much” – see revision to the fourth paragraph of the preamble to S.4.11.

The reference to more intensive development at the periphery of neighbourhoods and proximate to transit stations is consistent with other parts of the adopted Official Plan (e.g. S.2.2.3, policy 3) and with the proposed amendment (e.g. S.3.6.1, policy 5).  The intent is to direct intensification to areas where it will have the least impact on established communities and where the infrastructure is in place to accommodate it.  The preamble to S.4.11, ‘Compatibility’, emphasizes the importance of the existing context.  S.4.11 does not require intensification at the periphery of neighbourhoods.  Rather, zoning will establish regulations in a manner that achieves compatibility among proximate uses and built forms.  The various criteria set out in S.4.11 provide the basis for evaluating the compatibility of development applications.

Throughout the preparation of the Official Plan and its various iterations, there have been concerns over the issues of design and compatibility – from the industry that policies were too prescriptive; from representatives of the community at large that they were not prescriptive enough.  The Department’s response has been to acknowledge that there will be more than one response possible in any given situation to address these issues.  Some flexibility is essential in the policy framework to enable an appropriate response to be crafted, taking into account individual circumstances presented by development situations, while holding to overall design principles and measures of compatibility.  Use of words like “must” and “require” in association with compatibility are not appropriate, since, in many cases, guaranteeing the stated aim may not be possible, practical, or relevant in every circumstance.  The compatibility criteria of this section are predicated upon Policy 1 of S.4.11 which states that the City “will’ have regard for the policies of the land use designation applicable to a given site, all applicable Community Design Plans, Secondary Plans or Site Specific Policies (which may contain additional compatibility measures), as well as the Design Objectives and Principles in S. 2.5.1, and the preceding policies in S.4.1

4.11 (1)

(S.2.4.2 of OPA)

Rockcliffe Park Residents Association

(A.Keith)

Following the words “Secondary Plans” on line 3, please add the words “management guidelines of Heritage Districts”.  We, and City staff, have found it crucial to have these management guidelines in mind when reviewing development applications for this heritage district.

The policy in question references the parts of the Plan that the City will have regard for when evaluating development applications from the perspective of their compatibility with an existing context.  Included are S.4.1 through 4.10 within which is S.4.6.1 “Heritage Buildings and Areas”.   Policy 2 of this section states, in part, that new construction in a Heritage Conservation District is proposed, the applicant will consult the heritage conservation district study for design guidance.  Management guidelines have typically evolved out of heritage conservation district studies and are referenced by them.  It is not considered necessary to include a cross-reference to them in policy 1 of S.4.11, as they will be captured through the requirement to have regard for S.4.6, ‘Cultural Heritage Resources’. 

4.11 (2.d)

(S.2.4.2 of OPA)

Manor Park Community Association (Keyes)

Strengthen to state more firmly the requirement for compatibility – rather than “new buildings should have regard for the area context”, say “must fit into the area context” and a transition in building heights should be “required”, not merely desirable”.

These matters were the subject of much discussion, both during the preparation of the adopted Official Plan and the proposed amendment.  It was concluded that policy language that could be interpreted as requiring new development to replicate what currently exists should be avoided.  S.4.11 acknowledges that change will happen and provides assistance in addressing change in communities, while respecting the area context. 

Schedule ‘B’

(S.2.5 of OPA)

OCCSB (MacMillan).

Redesignation of Employment or Enterprise Areas to General Urban may result in new residential development and increased enrolment at schools – request to be kept informed of decision on OPA.

Noted.

Schedule ‘B’

(S.2.5.1 (1, 2, 4, 6, 7, 8) Schedule 1 of OPA)

Ottawa Carleton Homebuilders (Don Kennedy)

 

Would like an explanation as to the rationale for Changes 1, 2 & 4 and Changes 6, 7, 8, given the existing uses.

 

 

The type of development that has occurred in the areas affected by Changes 1 and 2 are characteristic of a General Urban Area pattern of development.  In considering residential use in the Enterprise Area, it is important to create a functional integration between the employment and residential components.  Many of the proposals to date have tended to isolate residential blocks from employment and the acceptance of residential has been focused more on whether or not the overall employment potential can be maintained.  As a result, in the final analysis the development looks and acts like a General Urban Area.  Considering the changes proposed to the Enterprise Area set out in the draft amendment, it was considered preferable to label areas that had already received approval under the existing Enterprise Area provisions as General Urban Area.

In the case of #4, the change reflects an existing Loeb store in the Enterprise Area.  The Enterprise Area does not permit retail uses at this scale.  Further, the parcel includes an area at the terminus of a dead end road (100 Steacie Drive) that is isolated from the remainder of the area by a railway line and is unlikely to have any future connection with it.  There is interest in developing it for residential purposes. 

Changes 6 and 7 represent small areas that are unlikely candidates for significant intensification.  The General Urban designation will still permit the industrial and commercial uses within these areas at present, but will enable redevelopment of a wider variety and intensity of activity that is more in keeping with the extensive General Urban Area that surrounds them.

 In the case of Change 8, the majority of this area has developed with retail commercial uses.  Given the direction of the draft amendment to exclude this range and variety of use from the Employment Area designation, the retention of the designation would have meant the creation of significant non-conformity.

 

 

Schedule ‘B’ (S.2.5.1 (10) and Schedule ‘1’ of OPA)

North American Acquisition Corp., First Capital  (Eagleson Cope Drive) Corp. Inc., Barrhaven Town Centre Inc., Barrhaven Developments Inc., & Orleans Gardens Development Inc. (Kathleen Willis)

Concern that development rights of existing Eagleson South Centre at Michael Cowpland Drive and the vacant, but zoned site at Cope Drive may not be fully protected by the proposed Mainstreet designation with the underlying Enterprise Area.

It is felt that the changes proposed in the third sentence of Policy 2 of S.3.6.3 will address this concern and are consistent with the intent of the policy.

Schedule ‘B’

(S.2.5.1 and Schedule ‘1’ of OPA)

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

Question appropriateness and feasibility of Traditional Mainstreet designation on Richmond Rd. west of Roosevelt to Western Parkway.

The long-term direction is to move this area towards a Traditional Mainstreet land use pattern, rather than one that is characteristic of an Arterial Mainstreet.

Schedule ‘B’ (S.2.5.1 (4) and Schedule ‘1’ of OPA)

Steacie Drive Inc. (Kathleen Willis).

100 Steacie Drive (Kanata) redesignation from Enterprise Area to General Urban – SUPPORT.

Noted.

Schedule ‘B’

(Schedule ‘1’ of OPA)

NorthTech Land Development Inc. (Novatech)

Blocks 5 & 7 (4M-1075) in the Kanata North Business Park were the subject of amendments to the former Kanata and Regional Official Plans, approved by Council in September of 2003.  The effect was to permit residential development, subject to a number of conditions.  The proposed redesignation to Employment Area would remove the Council approved ability to develop the lands for residential uses.   Also, the extension of the change to Employment Area east of Legget Drive does not correspond with any known property lines – the eastern boundary should be Legget.

The changes in designation within the Kanata Business Park have for the most part been proposed to address the type of issue raised here.  The request is consistent with the approach followed overall in the amendment for changes to Schedule ‘B’ and has been incorporated on Schedule ‘1’ of the amendment.

Schedule ‘B’

(S.2.5.1 and Schedules 1 and 3 of OPA)

Tim Hortons

McDonald’s Restaurants (Polowin).

Six Traditional Mainstreet designations: should either be General Urban or Arterial Mainstreet to further the natural market transition.  Schedule ‘1’ of the OPA - Richmond Rd., between Cleary & Ottawa River Pkwy. (request Arterial); Merivale, between Carling & Caldwell (request Arterial); Stittsville Main (certain portions – request General Urban); Schedule ‘3’ of the OPA - McArthur, between Vanier Pkwy. & St. Laurent (request Arterial); Bronson, between 417 & Carling (request General Urban); Scott, between Churchill & Parkdale (request General Urban).

The long-term direction is to move these areas towards a Traditional Mainstreet land use pattern, rather than one that is characteristic of an Arterial Mainstreet.  In the case of the Stittsville mainstreet, discussions have indicated that the concern may be resolved simply through clarification of the location of the northerly boundary of the designation.  In the case of Merivale, McArthur, Bronson and Scott in particular, much of the existing built form on the street is of a pattern that is consistent with the Traditional Mainstreet designation and the adjoining areas have been built in a grid form at intensities that are supportive of the development of a more pedestrian-oriented mainstreet.  In the case of Richmond, particularly east of Woodroffe, there are unique opportunities to create a Traditional format, due to the presence of the linear park that lies between Byron and Richmond, the presence of street-oriented mixed-use buildings and stable residential communities nearby, and plenty of residential density.  In the case of Richmond, it is critical that the impetus of redevelopment happening along the Westboro portion of the Traditional Mainstreet be encouraged to extend westward, rather than creating an automobile-oriented form of development.  All areas would benefit from a Community Design Plan process where City-sponsored improvements to the street environment would complement and support the vision for the mainstreet as set out in the policies.

Schedule ‘B’ (S.2.5.3 (18-22) and Schedule ‘3’ of OPA)

Ottawa Carleton Homebuilders (Don Kennedy)

Explanation for the rationale of changes18-22?

Changes 18, 19, & 21 - The type of development that has been approved in the areas affected by these changes are characteristic of a General Urban Area pattern of development.  One of the intents in considering residential use in the Enterprise Area has been the creation of a functional integration between the employment and residential components.  Many of the proposals to date have tended to isolate residential blocks from employment and the acceptance of residential has been focused more on whether or not the overall employment potential can be maintained.  As a result, in the final analysis the development looks and acts like a General Urban Area.  Considering the changes proposed to the Enterprise Area set out in the draft amendment, it was considered preferable to label areas that had already received approval under the existing Enterprise Area provisions as General Urban Area.

No. 20 - This reflects an existing approval from Council. 

No.22 - Having proposed Changes 18, 19 and 21,it is preferable to revert this area to Employment Area in order to have a better chance of ensuring employment uses in future on these lands.

Schedule ‘B’ (S.2.5.3 (20) and Schedule ‘3’ of OPA)

Loblaws (FoTenn)

Trim / Queen site (from Enterprise to General Urban) needs to be extended easterly to reflect property ownership.

Concur – this change is supported to more accurately reflect existing ownership lines.

Schedule ‘B’ (S.2.5.3 (20) and Schedule ‘3’ of OPA)

Ottawa Carleton Homebuilders (Don Kennedy)

If Change 20 is because of Loblaws, it is recommend that it be extended to Cardinal Creek to make the entire St. Joseph's frontage consistent.

 

The lands in question are quite small, have development issues on the Cardinal Creek side and no room to grow to the north because of the dairy.  The site has excellent frontage on Montreal Road and is, in my opinion, an ideal extension of the commercial uses being considered on the adjoining site.

The Loblaws should provide a significant amount of retail to this area.  The advantage of arterial road frontage for future employment uses on the remainder of the Employment Area should not be denied.  The redesignation of lands set out in the amendment was determined in part by existing commitments by Council, which was the case in the Loblaw property.  It is not felt that further erosion of the Employment Area designation is warranted, particularly in light of the distribution of Employment lands in the east.

The new Provincial Policy Statement stresses the importance of employment lands to the economic development and competitiveness of Ontario municipalities and indicates that conversion of these areas to other uses should not be done in the absence of a comprehensive review that will demonstrate that the land is not required for employment purposes over the long term and that there is a need for conversion.  The proposed changes to Schedule ‘B’ represent what was arrived at through the mediation process.  Additional requests to change the designation of Employment Area lands, such as this one, should be addressed within the context of the preparation of the employment lands strategy described in proposed Policy 5 of S.3.6.5. 

Schedule ‘B’ (S.2.5.3 (23) and Schedule ‘3’ of OPA)

Innes Re-Zoning and Development Group (Woods, Lawrence)

Support redesignation from Employment Area to Arterial Mainstreet in Orleans Industrial Park, but only after a complete & thorough Community Design Plan has been completed.

It may be appropriate to carry out a Community Design Plan on the proposed Arterial Mainstreet portion along Innes Road.  This could be added as part of the Department’s work program as a priority should Committee so direct.

Schedule ‘B’ (S.2.5.3 (23) and Schedule ‘3’ of OPA)

Ottawa Carleton Homebuilders (Don Kennedy)

Change 23 - is the land owner (s) aware of this?

Individual landowners have not been notified of the proposed amendment, but much of the area affected by the proposed Arterial Mainstreet designation is either approved or under consideration.  Several of the landowners have been part of the retail appeals process and support the proposed change.

Schedule ‘B’ (S.2.5.3 (24, 25, 28) and Schedule ‘3’ of OPA)

Ottawa Carleton Homebuilders (Don Kennedy)

An explanation for the rationale of changes 24,25 & 28?

No. 24 - simply rationalizes the extent of the Mainstreet - there is no need to extend it south on Russell - it is strictly residential, part of a larger residential neighbourhood.

No.25 - This area is devoted almost exclusively to large format retail and since the proposed OPA does not support this type of use in an Employment Area, it is recommended that the designation be changed to one that does (General Urban).   See discussion of Change 8 on Schedule 1 above.

No.28 - The General Urban Area will permit the types of low-density office uses that have developed west of the hospital complex and will also allow for a broader range of uses in support of the institutional area.  This change is similar to several across the city affecting smaller areas designated Employment Area.

Schedule ‘B’ (Schedule ‘3’ of OPA)

Loblaws (FoTenn)

Walkley / Conroy site for proposed big box is not being recommended for redesignation as were most, if not all, the other retailers requests, despite supporting studies.

The proponents for this project were involved in the process.  However, due to the scale of the development proposed and its site-specific nature, staff determined that it should proceed by way of a separate amendment to the Plan.  The proponents have been advised and are proceeding with the required development applications.

Schedule ‘B’ (Schedule ‘3’ of OPA)

Bridgewater Properties Inc. (Brian Gold)

Change designation of 955 Dairy Drive (vacant, 6.66 acres, N.E. corner Trim & Dairy) and 905 Taylor Creek Drive (vacant, 2.44 acres N.W. corner Trim & Taylor Creek) from Enterprise Area (adopted OP) / Employment Area (proposed OPA) to General Urban Area (GUA).  Reasons: arterial road frontage (employees, visitors, residential growth to south); similar consideration to proposed redesignation of Loblaw property on south side of Dairy Rd.; promote harmonious development at Trim/Dairy/Taylor Creek/Hwy.174 intersections; as Loblaw develops will be a need for overflow retail uses that cannot be accommodated by Employment designation; retail more compatible / consumer-oriented on Trim Rd. than light industrial; increased demand for retail in area; still leaves significant inventory of industrial land in interior of Taylor Creek Business Park and GUA will not limit type of development on these lands; contiguous Park & Ride facility will result in more demand for GUA uses.

The redesignation of lands set out in the amendment was determined in part by existing commitments by Council, which was the case in the Loblaw property referenced by Bridgewater Properties.  It is not felt that further erosion of the Employment Area designation is warranted, particularly in light of the distribution of Employment lands in the east.

The new Provincial Policy Statement stresses the importance of employment lands to the economic development and competitiveness of Ontario municipalities and indicates that conversion of these areas to other uses should not be done in the absence of a comprehensive review that will demonstrate that the land is not required for employment purposes over the long term and that there is a need for conversion.  The proposed changes to Schedule ‘B’ represent what was arrived at through the mediation process.  Additional requests to change the designation of Employment Area lands, such as this one, should be addressed within the context of the preparation of the employment lands strategy described in proposed Policy 5 of S.3.6.5. 

 

Schedule ‘B’ (Schedule ‘3’ of OPA)

Emparrado (D.Kelly)

Concerning the proposed Arterial Mainstreet designation of Innes Road, an earlier draft had indicated the designation extending west of Belcourt.  It is requested that the Mainstreet be extended west, between Belcourt and the Builders Warehouse site in order to provide for redevelopment.  It is understood that redevelopment will probably take a number of years, however.

 

(A sketch was subsequently provided indicating the portion of the subject lands suggested as appropriate for the Mainstreet designation, as the Emperrado holdings extend over the full depth of the Employment Area designation south of Innes Road).

The proposed Arterial Mainstreet designation runs between Tenth Line and the projection of Belcourt on the south side of Innes.  This collectively adds approximately 57 ha. of land for retail purposes.  While it may be that the Emparrado property will redevelop at some future date, it is considered that the amount of retail land added by the proposed amendment is adequate. 

The new Provincial Policy Statement stresses the importance of employment lands to the economic development and competitiveness of Ontario municipalities and indicates that conversion of these areas to other uses should not be done in the absence of a comprehensive review that will demonstrate that the land is not required for employment purposes over the long term and that there is a need for conversion.  The proposed changes to Schedule ‘B’ represent what was arrived at through the mediation process.  Additional requests to change the designation of Employment Area lands, such as this one, should be addressed within the context of the preparation of the employment lands strategy described in proposed Policy 5 of S.3.6.5. 

 

Schedule ‘B’ (Schedule ‘3’ of OPA)

Barry Lithwick (D.Kennedy)

We feel that Barry Lithwick's Cyrville Road sites (1417 , 1429 , 1435 and 1481 Cyrville Road ) should all be part of the mixed use area just to the east (Note: should read ‘just to the north’).

 

It makes sense for several reasons:

 

·         Existing uses are of a mixed use nature including office, retail and service and as such are similar to the lands to the east (north) that you have already designated as mixed use,

·         The lands are a prime candidate for redevelopment and having a greater flexibility will encourage redevelopment,

·         The designation would be more reflective of the area's existing uses,

·         Such as designation would be consistent with the Cyrville Road study of the old City of Gloucester.

 

The new Provincial Policy Statement stresses the importance of employment lands to the economic development and competitiveness of Ontario municipalities and indicates that conversion of these areas to other uses should not be done in the absence of a comprehensive review that will demonstrate that the land is not required for employment purposes over the long term and that there is a need for conversion.  The proposed changes to Schedule ‘B’ represent what was arrived at through the mediation process.  Additional requests to change the designation of Employment Area lands, such as this one, should be addressed within the context of the preparation of the employment lands strategy described in proposed Policy 5 of S.3.6.5. 

Annexes (Part ‘C’ of OPA)

Tim Hortons (Polowin).

Novatech (Murray Chown - all clients).

First Pro Shopping Centres (Eberhard).

McDonald’s Restaurants (Polowin).

Canadian Tire (Delcan ).

Loblaws (FoTenn).

First Pro (Bull).

North American Acquisition Corp., First Capital  (Eagleson Cope Drive) Corp. Inc., Barrhaven Town Centre Inc., Barrhaven Developments Inc., & Orleans Gardens Development Inc. (Kathleen Willis).

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

Annex 3 – no opportunity for discussion – inappropriate to be in the OPA without the discussion having occurred first.  Defer until the planned additional consultation process is completed.

 

 

This Annex will be developed in a collaborative process with the appellants and other stakeholders and will be subject to Council approval.  It will not form part of the Official Plan.  The draft Annex was circulated with this Amendment for information and comment.  It is anticipated that it will be in final form in the summer of 2005.

Annexes (Part ‘C’ of OPA)

Canadian Petroleum Products Institute (Lloyd Phillips & Associates)

Annex 3 – Portion “Some Design Considerations” too detailed and will present conflicts; even if not part of the Plan, may be applied as if they were; are non-appealable.

Concern that the Design Consideration relating to properties located at intersections could require every major intersection to be treated as a place for some sort of landmark – can work with the concept, but don’t want guideline to be used to oppose a petroleum retail development at a busy intersection highly appropriate for this use.

The planned discussion with the appellants will address concerns such as those raised here.

Glossary (Part ‘C’ of OPA)

Loblaws (FoTenn).

No changes made to Glossary – delete terms such as ‘Big Box Retail’ and add new definitions of retail terms.  .

S.3.0 of Part C of the OPA deletes big box retail from the Glossary.  There isn’t a need to add definitions of retail terms if they are no longer used in the OP.  What terms remain have been adequately defined as part of the policy in which they are used. It is noted that the Glossary is not part of the Plan.

GENERAL COMMENTS

Copeland Park Community Alliance (K. Yach, President)

Intent is to render obsolete or significantly reduce the effectiveness of the zoning system; long-term goal of establishing a one-size-fits-all zoning system; thrust is to facilitate erosion of protective measures in current system.

Those parts seeking to reassure citizens that existing communities will be safeguarded lack strength & credibility (especially with phrases “where possible and appropriate”).

Thrust is rampant intensification without guidelines to manage rationally nature & scope of outcome – recent development approvals make this apparent – headlong rush to intensify…

Staff disagree with these comments.

Manor Park Community Association (Keyes)

Insufficient time to comment.

Noted.  Two opportunities were available for comment – December 10, 2004 – January 10, 2005 and March 4 – April 2, 2005.

Palladium Auto Park Limited (Lloyd Phillips & Associates)

Confirmation that the Palladium Auto Park is recognized and permitted under the terms of the draft Amendment (interpreted as being permitted in the adopted Official Plan per J. Moser Nov.13’03). 

The Palladium Auto Park is recognized and permitted through the adoption of the Kanata West Concept Plan.  See Policy 4 of S.2.5.6 in S.2.2.3 of the amendment and Policy 5 of S.2.5.7 of the adopted Plan.

 


OFFICIAL PLAN AMENDMENT - Comprehensive City-Wide Amendment in response to retail-related appeals to the 2003 Official plan 

MODIFICATION AU PLAN OFFICIEL - MODIFICATION DE PORTÉE GÉNÉRALE FAISANT SUITE AUX APPELS CONCERNANT LE COMMERCE DE DÉTAIL INTERJETÉS CONTRE LE PLAN OFFICIEL DE 2003

ACS2005-PGM-POL-0006                                                                        city-wide

 

Chair Hume began by reading a statement required under the Planning Act, which advised that anyone who intended to appeal this proposed Official Plan Amendment to the Ontario Municipal Board (OMB), must either voice their objections at the public meeting, or submit their comments in writing prior to the amendment being adopted by City Council. Failure to do so could result in refusal/dismissal of the appeal by the OMB.

 

N. Lathrop, Dennis Jacobs, Director, Planning, Environment and Infrastructure Policy, J. Moser, Lesley Paterson, Program Manager, Planning Policy, T. Marc and Jack Ferguson, Planner, appeared before the Committee with respect to departmental report dated 27 April 2005.  Prior to the presentation, Chair Hume indicated he had been requested by Mr. Marc to advise everyone who participated in the mediation session that PEC/Council will consider participation in that session to satisfy the requirements to comment on the application to be sufficient for an OMB Appeal.  Mr. Jacobs provided preliminary remarks followed by a PowerPoint presentation by Mr. Ferguson and Ms. Paterson, which was circulated and a copy of which is held on file with the City Clerk.  The issue of clarity was raised and staff undertook the opportunity to clarify a number of sections of the OP.

·        The provisions contained in Section 3.6.8 for Major Shopping Centres are now located in Section 3.6.7; and, Major Urban Facility is not a land use designation.  They are permitted in General Urban Areas (GUA) through rezoning, subject to a number of criteria that are now permitted in Section 3.6.7.  A major shopping centre must be next to rapid transit and the station is incorporated in the design of the site.  That is lifted right out of Section 3.6.8 and placed in Section 3.6.7.  In one of the very first iterations of the OP, a major shopping centre was part of Major Urban Facilities.  They were not placed in their own separate section.  Section 4 is an entire section of the OP that deals with development applications, which includes everything in terms of servicing, walking, cycling, transit, roads and parking lots, housing, cultural resource, environmental protection, health and safety issues, servicing the public service area, etc. all of which applies to a major shopping centre in a GUA.  Those are provisions that apply across the board.  The community can participate through the Zoning By-Law process and added that the entire premise of the OP is to do away with needless OPAs.  The level of detail and the amount of planning control can be exercised through the Zoning By-Law process.  The designations established and the development review process outlined in Chapter 4 provides for that level of control to be exercised by PEC and Council in making those decisions on whether that is the appropriate location for a shopping centre, etc.  There is no additional control gained by requiring someone to undergo two sets of processes; one to amend the OP and one to amend the Zoning By-Law.  Staff wanted to avoid that duplication.  The principles are established in the OP and they are implemented in the Zoning By-Law.

·        Protection lies in the fact the City has a planning staff that reviews the application on behalf of the community and Council and makes a recommendation to PEC.  PEC/Council makes the decision as to whether or not it appropriately satisfies the development industry and the community interest.  That is accomplished through the Zoning By-Law.  Mr. Ferguson had a correction with respect to the designation of the land and the permission for a shopping centre.  Council permitted major shopping centres under the adopted Plan in May in GUAs and there is no change through this amendment.  Big Box was permitted, provided it was part of a shopping centre.  A free standing store is now permitted.  In the adopted Plan, a store is over 8,000 square metres, provided only it is part of a shopping centre.  The Amendment does not place a limit on the size of the store and it does not have to be part of a shopping centre.  Mr. Ferguson advised there is one additional policy that talks about large uses in general (Policy 5), p. 21 of the Amendment that relates to “traffic, noise or other impacts that have the potential to create conflicts with the surrounding residential community…”.  Mr. Jacobs reported the formal opportunity for the community to receive assurance its interests will be protected in the study is at PEC during the public meeting on a proposal.  There is the opportunity to speak to a development review application, a re-zoning or a site plan, if that rises to PEC.  The issue about who has conducted the study, whether it is an OPA to designate the land for a shopping centre or a Zoning By-Law Amendment to rezone the property for the shopping centre, it would still be incumbent upon the developer to provide that Traffic Impact Analysis.

·        Proximity to rapid transit in terms of intensification, from 400m to 600m.  Ms. Paterson pointed out the 400m is contained in the Transportation Master Plan (TMP) and the OP to refer to the maximum walking distance to a bus stop; and, 600m is generally considered to be the area of impact of a rapid transit station, in terms of walkability or impact on surrounding uses.  The 600m was used on this occasion because it refers to rapid transit stations; all the mixed use centres are on rapid transit stations, but staff is retaining the 400m walking distance to a bus stop.  Responding further, Ms. Paterson advised the 600m is contained in the OP adopted by Council (Chapter 2), where we talk about managing urban growth and 600m is the number generally accepted in the literature to the impact area of a rapid transit station as opposed to a bus stop.  Ms. Paterson was fairly certain the 600m distance is also in the TMP for the same purpose.

·        Schedule B, changes of Employment Areas to General Urban.  There are changes to recognize existing concentrations; i.e. Hunt Club and Merivale is an Employment Area change that recognize the big box with a mirror image of that at Cyrville and Innes, where although it has been designated as Employment, it is virtually all big box retail.  That is one category of change undertaken.  Another category of change that took place was in smaller or older industrial areas that are surrounded by existing residential neighbourhoods and, even though the industrial zoning will remain on those parcels for some time, staff felt compelled to provide a broader range of uses that could be permitted, given their size.  In certain cases, staff was looking at lands that over the long term life of the Plan, the edges of which were likely going to change; i.e. Woodward/Laperriere is likely to see changes on the perimeter to a wider range of uses (residential or service commercial).  Councillor Cullen used Queensview Drive as an example, is an Employment Area.  In changing it to General Urban, staff is saying it will accommodate retail uses the Employment Area does not.  The industrial zone is seen to remain for the most part in these areas, but the surrounding neighbourhoods are built up as low density residential and because it is at a transit station, over the life of this plan, someone may come in with a mixed-use development.

 

The Committee heard from the following delegations:

 

Murray Chown, Novatech Engineering Consultants Ltd. (NECL) was present on behalf of Kestrel Properties Inc. (formerly Development Advisory Group), Innes Centre, DIR Investments, PCM Kanata South, Costco and Home Depot Canada.  Mr. Chown advised that NECL, on their behalf, or in support of other parties are involved in eight separate Appeals related to the Retail Policies and the most important thing for him to say before making his presentation is that on behalf of the vast majority of the Appellants he would endorse the comments by Mr. Ferguson in terms of the exceptional process undertaken over the last year to reach the point today before PEC with an OPA that, generally speaking, most of his clients support.  In fact, of those eight Appeals, he would only be making representation with respect to two and the second one will be with Mr. Polowin.

 

The other is an Appeal initially filed in the name of the Development Advisory Group and there has been a restructuring of the ownership and NECL is now acting on behalf of a group referred to as Kestrel.  Mr. Chown referred to a written submission on behalf of the Kestrel, dated 18 May 2005, that was circulated and is held on file with the City Clerk.  They were focussing on a very specific policy issue.  He referred to the Draft OPA and p. 32 of that document, Policy 2 (d) in Section 3.6.5 ‘Employment Area and Enterprise Area’ will restrict the ability to locate showroom/warehouse distribution facilities on land with the Employment Area and Enterprise Area designations.  Generally speaking they are on the same page as staff.  He was talking about kitchen cabinet supplies, tile suppliers, pool and spa suppliers, carpeting suppliers; those showrooms are seen everywhere in business parks where there is a small area in the back for inventory storage or where inventory flows through the facility and back out to the homeowner or purchaser.  They were in agreement that those uses are appropriate in the business employment areas.  The concern is that the policy then goes on to provide a greater or more detailed definition in terms of what these are and the definition implies something that is out of date in terms of how the industry functions.  It goes on to say “and where the proportion of the gross leaseable area (GLA) of a building devoted to sample and showroom use is limited in the zoning by-law so that sample and showroom space is secondary and subordinate to the primary use of the building for warehouse storage;”.  They trip over the words “proportion of”.  There is no objection or concern the GLA of the building devoted to sample and showroom space should be limited in the zoning by-law.  They understand staff does not want to see a 100,000 square foot Leon’s going in under this provision.  The problem is the notion of the proportion of the GLA of the building devoted to sample and showroom use is limited in the Zoning By-Law.

 

The policy goes on to explain what that means so that sample and showroom space is secondary and subordinate to the primary use of the building for warehouse storage.  The wording that causes some difficulty is what is meant by secondary and subordinate to and those words provide guidance to staff and will provide guidance to PEC and Council when the Zoning By-Law come forward.  If secondary and subordinate to means that less than 50% of the area of the building will be showroom space, that simply is not the manner in which these businesses operate today.  The showroom space in many of these facilities is larger than the warehouse and storage space.  There is no money to be made in storing inventory.  This wording would prevent development of these showrooms in the business parks.  The request made in the letter to PEC is a request to tweak the wording so that Council does not tie its hands when the Zoning By-Law comes forward to implement this policy.  This definition/approach to these uses is simply out of date and NECL is asking PEC to refine the wording slightly to provide more flexibility when dealing with the Zoning By-Law and to provide NECL and their clients more flexibility in terms of their sales and leasing to these end users and understand the City might want to place a cap in terms of the actual size of the buildings and that is fine.

 

Following on the presentation and in response to Chair Hume, Mr. Ferguson remarked the biggest concern is in the former municipalities where there are issues in trying to control these uses (buildings) from turning into destination retail.  There is a great amount of flexibility in the way the buildings are build and by moving counters/partitions around the building would comply with the intent and results in a retail store drawing residents as a destination into the employment areas and that is a concern more from practice than theory.  There was a significant attempt to arrive at a resolution on this Policy.

 

Councillor Hunter questioned the danger of a ripple effect of this change and pointed to an area such as Merivale Road with retail enterprises such as The Brick, which is 95% showroom space and 5% storage.  They are in an expensive commercial area, but if PEC approved the request, that business could re-locate into an old Nortel building or Gandalf building on Colonnade Road, at a lower cost and the City would not have any control.  The businesses doing legitimate assembly and warehousing because of the price escalation could be forced into less valuable areas.  Mr. Chown understood the concern expressed, but emphasized it can be controlled.  NECL did not want to see The Brick, Leon’s, etc taking advantage of this Policy to move into the business parks, which is why he would agree with a Policy that sets a limit on the GLA for these types of uses and that can be done on a tenant by tenant or building by building basis, but what the City does not want to do is the reverse, which is to force the pool companies and the tile suppliers into those more expensive properties on Merivale because that is not where the City wants them located.  The Policy may prevent them from locating anywhere because of the terminology used, but there is certainly a way to ensure The Brick and the Leon’s do not move into the business parks.

 

Councillor Harder informed PEC she did have a Motion on Policy 2 (d) and did not have the concern expressed by Councillor Hunter.

 

Michael S. Polowin, McCarthy, Tétrault, Murray Chown, NECL, and Tony Gatti and Vince Mazzarello, TDL Group (Tim Horton’s).  Mr. Polowin advised that on behalf of TDL he echoed Mr. Chown’s remarks relative to the process, which was excellent as is the report presented by staff.  TDL had two small concerns relative to the report, both of which can be categorized under the heading of trying to make them consistent with the approach of the balance of the document.  First, Policy 3.6.3, page 28 of the Draft OPA - he wanted to offer a contrast in approach dealing with the issue of drive-throughs as contrasted with the issue of surface parking in the Traditional Mainstreet designation.  Policy 6, the OPA provides that new gas bars, services stations, automobile sales and drive-through facilities will not be permitted on Traditional Mainstreets in order to protect and enhance the pedestrian environment.  It is an absolute prohibition.  In the next Policy dealing with surface parking, which is equally of concern on Traditional Mainstreets, there is a strong discouragement, but the door is left open a crack.  It reads On Traditional Mainstreets surface parking will not be permitted between the building and the street.  The location of surface parking will avoid interruption of building continuity along the Traditional Mainstreet street frontage and will minimize impacts on pedestrians.  However, there may be exceptional circumstances, where locating parking adjacent to the street frontage is unavoidable.  In these cases, appropriate means such as coordinated tree planting and landscaping, pedestrian amenities and the dimension, location and number of vehicular access will be used to minimize the interruption of the Traditional Mainstreet street frontage and to ameliorate the impact on the pedestrian environment.  TDL shares staffs’ concern in this report that drive-throughs do not work on a Traditional Mainstreet; TDL does, however, believe there are exceptional circumstances where a drive-through could work and that would be where the building continuity is preserved and access to a drive-through in the rear is through either an adjacent parking lot already permitted or by a side street, where that side street traffic flow will support the use of the drive-through.  TDL believes that with the addition of two sentences Policy 6 can be made to agree in terms of approach with Policy 7.  TDL is simply asking the two sentences be added after the outright prohibition contained in the first sentence that he just read from Policy 6: However, there may be exception circumstances where a drive-through facility may be located on a Traditional Mainstreet where the intent of this Official Plan regarding Traditional Mainstreets can otherwise be preserved.  In these cases, appropriate means such as coordinated tree planting and landscaping, pedestrian amenities and the dimension, location and number of vehicular access will be used to minimize the interruption of the Traditional Mainstreet street frontage and to ameliorate the impact on the pedestrian environment.  The second sentence is taken directly from Policy 7.

 

The second concern with the OPA has to do with designation of five streets as Traditional Mainstreets.  When the Working Group arrived at the splitting of the designation between Arterial and Traditional split, the designations were almost entirely arrived at on the basis of not what will be, but what is.  Therefore, when looking at the fact that Merivale and Bank, as it passes through the Glebe, both started with the same designation; the splitting was based on what Merivale is today.  If you look at the Arterial Mainstreet Policies they are developed to encourage the development of Merivale into Bank at some future date, while allowing it to take place through evolution, not revolution.  TDL believes that in the case of five roads (Richmond between Cleary and the Ottawa River Parkway; Merivale between Carling and Caldwell; McArthur between the Vanier Parkway and St. Laurent; Bronson between the 417 and Carling Avenue; and, Scott between Churchill and Island Park) an error has been made.  Each has been designated in Schedule B as Traditional Mainstreet, but are not and staff has recognized this.  If you look at the responses to comments; these were made in a letter from him to staff on January 10th, on Schedule B, staff responds as follows:  The long term direction is to move these areas towards a Traditional Mainstreet land use pattern rather than one that is characteristic of an Arterial Mainstreet.  With that sentence alone staff has recognized the five roads referred to are not today Traditional Mainstreets.  Mr. Polowin underscored TDL supports those provisions in the Plan that will encourage the development of all five of these roads and indeed others into a more pedestrian friendly, compact urban form.  That applies to Merivale equally as it does to these five streets.  The notion is, however, that if you put the Traditional Mainstreet designation on these five, all of which are roads badly in need of investment, the bar is set so high no one will be willing to invest the money required to bring them up to a Traditional Mainstreet pattern.  TDL encourages PEC to re-designate those five roads GUA so they can evolve towards the kind of pattern PEC and members of the Retail Working Group support.

 

In response to a query from Councillor Hunter, Mr. Chown did not specifically look at the stretch from Caldwell to Base Line, but would not disagree with the Councillor; there is the concentration of office towers at the intersection of Base Line and Merivale, but once you travel north of the office complex, you are basically in a GUA and, therefore, it might make sense to extend that GUA to the back of the Meriline Court Complex.  But, Merivale from Caldwell to Carling does act as a Mainstreet to the community that backs onto it.  There is some solely residential use on the street, but there has been some moderate intensification taking place along the northerly edge, with three and four storey apartment buildings being added.  Much of the retail currently located on the street is not terrific retail, but it does back onto neighbourhoods that are low and moderate income households and a considerable portion does function as the Mainstreet collection of areas for residents to go (for shopping and servicing).  There is certainly room for improvement on the public’s side of the ledger, in terms of a Community Design Plan (CDP) to be conducted for Mainstreets on all five streets mentioned.  If a CDP was conducted there could be a lot done to improve the attractiveness of those streets for future investment.

 

Responding to Councillor Harder, Mr. Polowin confirmed the position taken is that TDL supports the Traditional Mainstreet designation and do not have any difficulty bringing in an application for Re-zoning if a rezoning would be required to establish a drive-through use.  TDL does not have any difficulty in conforming at Site Plan to the requirements of the OP in terms of the Traditional Mainstreet.  Mr. Jacobs maintained the staff issue with drive-through, gas station and variety of uses listed under the Section quoted by Mr. Polowin is that they are in total opposition to a pedestrian environment.  The comparison to the parking; it is still taking a car, parking it and leaving it.  In a drive-through situation, gas station or other use, it is cars in/out on a constant basis across the sidewalk the City wants pedestrians walking on and not having to dodge cars.

 

In response to Councillor Bédard, Mr. Polowin confirmed TDL had asked in its letter of January 10th that all five roads, plus Stitsville (that was corrected), be designated as Arterial Mainstreets rather than Traditional Mainstreet; quite frankly TDL would accept either GUA or Arterial.  Today, TDL asked for GUA because it was felt a GUA designation might be more palatable than an Arterial Mainstreet designation because of the parallels drawn with roads that are seen as far less friendly scattered throughout the City.  Mr. Polowin also wanted to be clear, TDL is not asking for car sales, parking lots or gas bars on Traditional Mainstreets.  The request is restricted to drive-throughs because they believe that is the only one of the four uses that could conceivably function on a Traditional Mainstreet and remain hidden to that street.  Responding to Councillor Bédard relative to the comments from Mr. Polowin, Mr. Jacobs would not categorize either GUA or Arterial as being bad designations.  They reflect specific purposes.  Mr. Polowin is correct, these areas do not exhibit to the same degree the type of uses in some of the other Traditional Mainstreets, but they also haven’t tipped towards the Arterial Mainstreets, which is very much more a car oriented environment, although staff is attempting to move it away from that.  GUA is a designation that provides for a range of uses, but the Traditional Mainstreet is where staff wants these streets to be and that is why an OP has to show some vision and direction and staff would like to encourage these along a Traditional Mainstreet development pattern.

 

Lloyd Phillips, representing Canadian Petroleum Products Institute, which is an umbrella organization covering the major fuel companies.  In the fall of 2003 when the Appeal was filed, they were not very optimistic this would result in a positive outcome and thought there would be a major battle at the OMB, but through the process the City undertook with great leadership by staff and great facilitation by Larry Spencer and his Associates what is being presented to PEC is a very balanced and reasonable approach.  The Institute still has a number of concerns, which are listed in the Matrix at the end of the report, but on balance asked him to come before PEC to advise it does support the proposal and recommended PEC approve same.

 

Ted Fobert, FoTenn Consultants, echoed the process was very positive and overall a lot of kudos go to Larry Spencer and Bob Webster for the excellent facilitation and to staff for pulling it together.  Mr. Fobert represented Loblaws at that round table and, on behalf of Loblaws, he was in support of the staff recommendation.  He was present today on behalf of Cavanagh Developments, that has an application for an enterprise area and, if PEC were to turn to page 81 of the staff report, their concern is shown.  It deals with policy 3.6.5 (4. b), the second box on that table.  Enterprise Areas, as approved in the 2003 OP, and allows for limited residential use and in general that has been supported wholeheartedly and no one has raised a concern in that regard.  The concern expressed is that Policy 4. b) indicates that Residential uses are permitted in Enterprise Areas by amendment to the zoning by-law.  Application to provide for residential uses within an Enterprise area will be considered provided the following criteria are met:  b) A mix of housing is provided but all housing is in the form of townhouses, stacked townhouses or apartments.  The residential areas approved and developed in an Enterprise Area are restricted to those housing forms.  Cavanagh does not believe that is an appropriate mix in a community.  The primary issue is the density of development to support the employment uses that surround it and that a broader range of uses should be permitted, provided certain density criteria can be met.  To have only townhouses, stacked townhouses or apartments does not provide for a variety of lifestyles and did not believe it was the type of communities desired to be developed.  He suggested wording under the Issue box on page 81 that adds to that Policy that says:  A mix of housing is provided but all housing is in the form of townhouses, stacked townhouses or apartments, provided however that exceptions may be made to allow additional housing forms as part of the housing mix if the proponent can demonstrate the density targets will nevertheless be achieved.  Staff responded under the Response column: the wording contained in the Amendment was arrived at following consultation.  Should innovative approaches to achieve residential development in Enterprise Areas be submitted to the City, site specific amendments would be considered.  Cavanagh does not believe that it should be necessary to come through an OPA to achieve that.  It does make sense to add the wording.

The other comment he wanted to raise is one that he did not represent anyone, but it is a Policy that does cause some issue; it deals with Mainstreets.  Policy 3.6.3 (8), page 29 in the OPA.  It is where redevelopment infill is encouraged on Traditional and Arterial Mainstreets.  It talks about specific heights being established in a By-Law on the basis of a study or a Plan.  The Policy is problematic.  The range of 4-6 storeys on Traditional Mainstreets is going to be in some cases problematic for appropriate infill and be referred to some of the development proposals the City has recently dealt with on Richmond (Canderel), which is a Traditional Mainstreet designation where it was deemed appropriate to go to 21 storeys.  Setting a prescriptive requirement, although there is the flexibility to go to higher height levels, will establish a base building height that is the expectation with respect to the development area.  Also, 4-6 storeys in some communities may be too high.  A bar is being established along Arterial Mainstreets at eight storeys and on Traditional at 4-6, where perhaps a different height is appropriate.  The second provision with respect to greater building heights talks about prevailing building heights in the area conforming to that.  It is known that whenever dealing with higher density or profile buildings, we are always dealing with a prevailing building height that is lower because it is an area that is in transition and will redevelop.  He recommended PEC take out the last sentence of the prelude in Police 8 to remove specific building heights, to talk about achieving greater building heights with respect to those criteria and look at the wording in b) and the others should remain.  It is setting up a major confrontation relative to what is appropriate in terms of those Mainstreet developments.

 

Arising out of the presentation, Councillor Deans noted the first point made by Mr. Fobert made perfect sense and questioned why staff did not accept that wording on the mix of housing provided it was still meeting the density targets.  Mr. Jacobs explained the issue with the Enterprise Areas and allowing development in that format was to deal with medium to higher density building forms.  It was not to permit lower density building forms, even if the target is met; the principle of that area is to have higher intensity uses and for those to foster and complement the employment or other uses in that specific area.  Not every block within the community can provide every range of housing; this is an area that would be meeting the medium and higher density housing forms.  Staff did not feel there is a need to change the Policy; the suggestion to Mr. Fobert with respect to considering a site-specific amendment is just that, if there is something that is quite unique, staff would consider it, but the OPA route was suggested because it is changing the principle and intent of what was originally set out in the Plan.

 

Adam Thompson, Richcraft Group of Companies (RGC), noted the second half of Mr. Fobert’s presentation sounded similar to his.  Richcraft has not appealed any of the Retail Policies since they are rarely involved in these situations, but it came to their attention when the City was creating the differentiation between Traditional and Arterial Mainstreets that there would be some height requirements included.  Although RGC agrees with the differentiation between the two types of Mainstreets, RGC has a general concern with the inclusion of height requirements, whether they be minimum or maximum, and Mr. Fobert dealt with that quite well.  He referred to the building before the OMB for Rideau, which would be considered a Traditional Mainstreet, where the OMB found an appropriate height limit would be nine storeys considering the make-up of the neighbourhood.  That same street recently went through a CDP; that report came forward and recommended a variety of heights along the street, ranging between two and in excess of 15 and 16 storeys, depending upon the section of the street.  He wanted to ensure that as Mr. Fobert mentioned consideration is put forward there are many extenuating circumstances when developing streets or sites that would make it inappropriate to put a minimum or maximum on height restrictions.

 

Alan Cohen, Soloway, Wright, appeared on behalf of Loblaws and Trinity with Mr. Fobert and Nadia De Santi.  This Committee, Mr. Lathop, Mr. Jacobs, Mr. Ferguson, Ms. Paterson and other staff should be congratulated on the mandate to set up a mediation process that might see a resolution of these conflicts and Mr. Spencer and Mr. Webster did an excellent job.  Many were suspicious of the process, but it was extremely well done.  It was important to point out his clients still have nagging problems relative to the Policies that remain in the OP, but Mr. Jacobs explained that through his mandate, he would be prepared to support modifications that allowed the thrust, the major principles and new Policies of the Plan to be carried forward.  In other words, the vision of the Plan would not be destroyed or obscured by anything that would be accomplished.  It is for that reason his clients find themselves accepting a great deal of what is in the Plan.  Relative to Councillor Cullen’s reference to – the OP/Zoning distinction and how that was superior for the developers, in fact, developers and community were eye to eye on that point and both welcomed more OP work and protection through the OP.  He did not want PEC to assume they received everything they wanted, that was not the case.  It is likely they will live with it, depending on the decisions made by PEC.  It is for that reason they preserve their Appeal Rights and hope this works out well.

 

Janet Bradley, Borden Lodner Gervais, on behalf of Loeb, voiced very similar comments to that of Mr. Cohen.  When the original OP was put out, Loeb felt it would be difficult to continue to provide the type of stores that it has historically provided to the community, given the number of restrictions and restraints and Loeb was an active participant in the process described.  It was an excellent process, as others have indicated.  The document before PEC is not perfect for Loeb.  Loeb is not happy that in Traditional Mainstreet areas where most of their stores are located it is prohibited to place parking between the front of the building and street, but it is an important example because it illustrates that by being present suggesting PEC adopt the report, it demonstrates there was substantial give and take, as the process should have been and therefore, Loeb recommends PEC adopt the report as a compromise report.  It has been two years since the OP was adopted and there is a need in the community for certainty and clarity in Planning documents.  This is the first step towards having this document into full force and effect.

Jonah M. Bonn, on behalf of Brian Gold and Bridgewater Properties Inc., with respect to two sites in the same area, 955 Dairy Drive, northeast corner of Trim and Dairy, and 905 Taylor Creek Drive, being the northwest corner of Trim and Taylor Creek.  They were not part of the facilitative discussions directly, although their comments were incorporated (page 92 of the staff report).  Mr. Bonn was present simply to preserve their right to state they were still in opposition.  While the OP designation is proposed to be changed from Enterprise to Employment, they are still seeking to change to GUA for both sites, representing an extension of the GUA on the Loblaws lands at the southeast corner at Trim and Dairy.

 

Doug Kelly, Soloway Wright, advised the process undertaken was much better than the first ROP that resulted in a two year OMB Hearing rather than the mediated solution that has taken place.  He sat at the table on behalf of Shenkman, the Leiken Group and Emperado; there are still a few minor areas being worked out with staff, but again he complemented staff on the work accomplished.  With respect to his other client, the Ottawa-Carleton Home Builders Association, they were not participants and had some concern with respect to the changed designation.  Mr. Kennedy emailed the PEC on Friday and indicated he was satisfied with the staff explanation; there are still some concerns around CDPs, which they have maintained their Appeal on and he would also agree with the comments heard from Mr. Fobert regarding the height limitation on Mainstreets.  Mr. Kelly added there are changes that take away densities in certain areas.  The Association wants to ensure that when they come forward with infill, it can be undertaken without undergoing a long process.  They are in favour of infill; many members have come forward with projects for infill and would like that to take place in a quicker and more efficient manner.

 

Brian Harvey was representing himself and could not comment on the process since he only became aware of it 10 days ago through the paper, nor was his community association and therefore he was not aware how broadly the community was represented.  He was in opposition, specifically the Mainstreet’s section.  As the delegate from Tim Horton’s stated, the new designations reflect what those streets were and to embody those into a Vision document is to steer by looking in the rear view mirror.  The original Plan already acknowledged this distinction and to set them out so strongly is effectively to provide a notwithstanding clause, which he had heard staff (Mr. Ferguson) say they did not want to do.  There are only 15 years left to 2020 and in the development cycle of a retail section, that goes by very quickly.  Five years ago, under the former City of Nepean, when the Merivale Road Secondary Plan was updated there was considerable discussion along the lines of Mainstreet to move towards more street oriented pedestrian friendly.  His concern with the amendments is specifically in the designation Arterial.  Policy 2, page 27, on lots where development has the potential to develop both adjacent to the street (which is what the vision is all about) or to the rear of the property (which is what there is along all of the suburban stripmalls already), the Mainstreet designation will apply to the entire lot and development situated on the rear portions will not be considered to be non-conforming by virtue of not being located adjacent to the street.  Mr. Harvey stated if requirements are not going to be put in place that can be met by justification and by CDP, etc., then this is really just a statement of what happened to these suburban stripmalls since 1945.  When there is a loophole the size of a truck and the distinction of Arterial and Traditional reflect what used to be, this document should be strongly engaged towards where the City wants it go and simply acknowledge that some sections (Traditional), are further along.  They are in closer proximity to the notion of a Mainstreet as we would like to see it and a number of other sections in the Plan.  If the City is not going to build in some criteria and limits to protect the community, then he feared that sections such as the Merivale corridor and others will remain suburban stripmall-type areas forever.  After the Secondary Plan was approved a giant strip mall was approved and built at Merivale and Viewmount.  Similarly, one year ago, a major addition was placed onto an old building at Merivale and Meadowlands.  Whereas that building may have obsoleted sometime within the planning period and there would have been an opportunity to develop more in a Mainstreet fashion, the life of that existing building has been extended considerably.

 

Peter Vice, Vice and Hunter, represented Canadian Tire Corporation (CTC), along with Ron Clark, Delcan, as well as Kathleen Freiman, Vice-President, CTC was also involved in the process.  CTC is happy, not as happy as it wanted to be at the outset, but it has been a good process.  His mandate was two-fold; one, it was to have CTC have an ability within designated areas to restore new stores in the area (presently 10); and, the second part, was to ensure the 10 stores could continue to operate in the future.  The process has come a long way to ensure Ottawa residents can pick up many toys.  He was displeased to hear the community groups who were part of the process have now presented an 11-page submission since everyone gave up a lot to move it forward.  Having said that, CTC does accept, although it is still looking at some areas with respect to existing stores, the negotiated settlement and he thanked everyone for their cooperation throughout.

 

In response to Councillor Feltmate on community representation, Mr. Ferguson advised the Federation of Citizens Associations (FCA) was at the table as well as their membership associations.  In some cases they were there on their own and other cases they were present as the Umbrella Group.  FCA were the Appellants to the Plan.  Responding further, Mr. Ferguson added that when the City underwent the OPA route, there was circulation of the first Draft in December 2004 to the list of 200+ organization and to anyone who had appealed any designation of an urban nature in the City and those were re-circulated in March.  It was also advertised in the paper.

 

Responding to Councillor Deans relative to Mr. Vice’s comment on the public consultation, Mr. Lathrop continued on Mr. Ferguson’s response to Councillor Feltmate, that this is a comprehensive amendment and staff wanted to ensure the City did not only speak to the respondents.  The City also wanted to ensure the balance of the community was aware of the OPA, which is why staff undertook the OP process and there was not only one but two circulations.  Staff believed it was more than upfront in terms of informing everyone what was happening because staff did not want it a solely negotiated settlement presented to the OMB.  Chair Hume clarified that he believed Mr. Vice’s comment was not specific to that public comment, but one with respect to the Applicants at the table during the mediation process.  Mr. Vice submitted it was both.  The FCA was present at each meeting he attended and there was at least three from other individual community associations and although there were differences, he was of the view at the end of the day that Mr. Spencer had mediated a settlement.

 

Gary Ludington, provided a written submission that was circulated and is held on file with the City Clerk, the main points of which are noted below.  Mr. Ludington also provided pictures of The Great Canadian Superstore in Westboro.

·        Big box stores such as The Great Canadian Superstore do not work when located on Traditional Mainstreets.  10 acres of prime residential land is now covered with cement and asphalt; the owner has not kept promises made to the community nor does the City have the ability to enforce promises understood to be requirements.

·        The store was to be similar to a building further west (Widdicomb Building) that contains more than one store (#1, #2 and #2A).  Big box (#3) that has no resemblance to pictures #1, #2 and #2A.  There is no street presence.  Promised multiple entrances on Richmond to the various shops, but there is only one that is difficult to find on Richmond (#4)

·        Best view of the store is the rear entrance from the parking lot (#5), which is not pedestrian oriented.  Windows on Richmond do not invite shoppers with interesting displays, but rather with signs that outline store hours and proclaim real savings (#4).

·        The florist shop has an exit, not an entrance, and the sign on the open door (#6) tells you ‘PLEASE ENTER ON RICHMOND ROAD’ with an arrow pointing to the right (#7).

·        Westboro may have needed a grocery store, but not one of this size, which belongs elsewhere and PEC should reject the staff recommendation for Section 3.6.1 to permit stand-alone retail buildings of 8,000 square metres anywhere in the GUA.

·        Following on Mr. Polowin’s presentation to make Scott GUA as opposed to the Traditional Mainstreet, in 1998 his community looked at the light industrial on Scott and McRae and rezoning took place to promote the use of Scott as a Traditional Mainstreet and development is taking place (residential and commercial) that will make this a better place.  As far as Richmond, PEC has approved a CDP that will be undertaken this year and he opined that should be done before PEC considers any request from a Tim Horton’s or a McDonald’s to make part of Richmond Arterial Mainstreet to accommodate a drive-through.

 

Amy Kempster advised that although she is a member of FCA, she did not participate in the Retail sessions.  In general she supported the document presented by FCA, but had concerns she would raise as a private citizen.  Somehow the City is going the wrong way and there is a need for another category somewhere between mixed used centres and GUA that allows for a mixture of uses.  She was concerned they are more traditional Employment Areas than they are suitable for residential and the City may be loosing too many opportunities for employment.  She also had a question as a result of reading page 32, that the City would allow vehicle sales and service in Employment and Enterprise areas, yet it would not allow most types of retail.  That was inconsistent and illogical.  She was not in total agreement with the new PPBS with regard to Employment Areas; you have to preserve employment areas, but she opined they were deserts and need more areas within them that are gathering places that can fulfill needs.  She did not want a big box store on a local road, but she did not mind it on an arterial road.  There does not appear to be a clear prohibition in this document.  In the area of design, she approved Objective 6 and the principles which embody a little bit of the design with nature that was present in the former ROP, but the whole idea of designing with nature should be more emphasized in all development.

 

Don Kennedy was not present when PEC considered the matter, but had presented written submission that was circulated and is held on file with the City Clerk, that staff had provided satisfactory response to most of his questions, except for: 2.5.1, 2.5.6(5), Schedule B – Area adjacent to Change 20 and Schedule B – his comments on behalf of Barry Lithwick on Schedule 3.

 

Dennis Eberhard, Vice-President, First Pro Shopping Centres, agent for Innes Shopping Centres Ltd. (Innes), who is an Appellant to the Retail Policies in the new OP.  Mr. Eberhard actively participated in the mediation sessions that culminated in the document before PEC.  This was a very long process as explained by previous delegations and the document before PEC is fair and reasonable.  Innes is reluctantly supporting the staff report and the OPA before PEC and is pleased the amendment supports a rezoning application that is very important to their project on Innes Road.  That application is coming before PEC on June 14th for consideration.  For this reason, Innes is in support of the report.  Their disappointment is obviously that Retail OP Policies dramatically reduce development opportunities for his company; they are very active in the business and it was felt the document has limited future opportunities, but not necessarily those in the immediate time frame.  In conclusion, he looked forward to moving forward with PEC approval of the amendments before Committee.

 

Robert Brocklebank, and Linda Hoad, Federation of Citizens’ Associations of Ottawa Carleton (FCA), provided a detailed 13-page written submission that was circulated and is held on file with the City Clerk.  Ms. Hoad provided details on the requested wording changes relative to the following sections.  Many of the changes do not change the intent of the policy, but clarify them.  In some cases they tighten the Policy, particularly where it concerns the compatibility criteria.

·          Page 15, OPA, Revised Section 2.5.1 Compatibility and Community Design referring to Ottawa By Design; second bullet delete “seek ways to integrate design”.  It merely tightens the wording and does not change the meaning.

·          Page 17, Revised Section 2.5.6 Policy 6 – recommend delete Subsection B.  This relates to the concern on the need for CDPs being adopted as Secondary Plans.

·          Page 19, Figure 2.5.6 Section B – add “Watershed or sub-watershed plans, hydrological resources, and groundwater conditions.”

·          Page 21, Section 3.6.1 – delete Policy 3d completely or modify it (with suggested wording).  It seems to imply all of these housing forms (ground oriented multiple housing forms) are appropriate in all communities.

·          Page 21, Section 3.6.1, Policy 6 add to preamble and Subsection e), “size and scale” the word “type”, so it would read “size, scale and type”.

·          Page 22, Section 3.6.2, first sentence should be amended to read “However the areas that have been designated as Mixed–Use Centres extend beyond the limits of these concentrations.”

·          Section 3.6.2, third paragraph, the term “internal and external commuting”, rewritten paragraph.

·          Page 24, Section 3.6.2, Policy 8 e), the reference to 400m should be changed to 600m.  This appears to be inconsistent with the measures elsewhere in the same section providing for special parking arrangements in a 600m radius of transit stations.

·          Section 3.6.3 Mainstreets, Policy 3.

·          Page 29, Policy 8, concerning Mainstreets and the height limits – she was inclined to agree with Mr. Fobert that it is possible to remove the height limits from the policy as long as the City can rely on the zoning or CDP.  There is existing zoning that covers heights on the now designed Traditional Mainstreets that can be relied on until the new Zoning By-Law or a CDP comes into effect.

·          Page 29, Section 3.6.3, Policy 9 – change to accept that “the minimum height limit on a Mainstreet could be the equivalent of a two-storey building” is simply in total contradiction to the preceding policy, which requires that Mainstreets be the focus of intensification and infill.  Should be amended to read “the minimum building height will be a two-storey building”.

·          Page 31, Section 3.6.5, recommend that the “prestigious uses” bullet be moved from the description of “Employment Areas” into the “Enterprise Areas”.  Alternatively, strongly recommend that “change 12 on Schedule B” be deleted. 

·          Page 32, Section 3.6.5, Policy 2 c), the words “day care” should be added as one of the examples of complimentary uses permitted in these areas.

·          Page 38, Section 4.11, preamble, add the word “privacy” to the first sentence.

·          Policy 4.11, Policy 1, re-write the preamble.  It is stronger language.

·          Page 40, Policy 4.11, Policy 2 d), modify the third sentence.  Relates to shadow studies

Ms. Hoad advised there were other changes that she would leave to the other Councillors to move.

 

Councillor Hunter noted the extensive list of changes and asked if these suggestions were raised during the process and refused or are these subsequent ideas.  Ms. Hoad advised she was one of the prime members of FCA that participated in the process and it did become intense during the mediation.  FCA simply ran out of steam.  She took responsibility for the fact the comments did not reach PEC, staff and the other appellants until this morning.  The suggestions were certainly brought up during the discussions, but not part of the massive exchange of emails that took place.  She did not have the time or resources to consider them all or organize the small working group of FCA members, who are volunteers to meet at their mutual convenience to forward something, which they clearly should have done.  Mr. Ferguson explained it was difficult to quickly respond to this bulk of suggestions.  He did not recognize many of the suggestions.  If these had been submitted either in the December circulation or in the March re-draft, staff could have responded in the report.  It is difficult for him to react and would like the opportunity to review and respond on whether they offend any parts of the OPA.  Mr. Jacobs interjected that it would certainly be staff’s position that while there is some fine-tuning suggested, they do not substantially add to the Amendment that has undergone a considerable process to this date.

 

Councillor Cullen asked about the stand alone retail buildings of over 8,000 square metres.  Mr. Brocklebank submitted the assumption was that they would rather not have them on a local street.  It is a reasonable assumption and he doubted anyone wanted to place a big box on a local street.  Frankly, his concern about liberating the big box store to float anywhere in the City is not that he envisaged Home Depot is going to build a large shop opposite Mr. Lathrop’s house, it is rather that there is no guidance as to what to expect from the Zoning By-Law, which will presumably control this.  Councillor Cullen indicated he would be moving a Motion that says to add to that second sentence, these uses are often large and serve to serve or draw from broader areas such as a large scale big box retail store, (i.e. over 8,000 square metres) and shopping centres under 50,000 square metres.  Mr. Jacobs advised it was certainly staff’s opinion that was unnecessary and as soon as you start identifying specific uses, other uses are left out.  Illustrative comments tend to point you in a specific direction.

 

Mr. Lathrop took exception to questioning staff on the extensive list of changes without a comprehensive review.  He would not support staff giving off the cuff comments or adjustments or changes in what was a complex, developed process through a complex amendment.

 

Councillor Bédard suggested PEC simply hear the delegations and possibly dedicate another day to consider the material allowing staff the opportunity to review the material, in particular the proposed amendments.  In response to a question of time frame from Chair Hume, Mr. Marc advised there is a significant portion of the OP that has been and continues to be tied up in this appeal.  Two years have transpired since the enactment of the Plan and this is an issue that must be resolved to bring it into force.  The pre-hearing for these matters is scheduled to take place on October 3.  If the matter was deferred for one further meeting, it would not present a problem, but he was concerned if there was much further delay, with the summer months, the City will lose the October 3 date.  Awaiting the resolution of these Appeals, is also the matter concerned with Appeals 84 and 85, by Mr. Monson with respect to the OP.  He has agreed to allow these amendments to proceed and not push his case for a hearing, which has been tied up in part due to these matters.  If this matter were before Council on June 22, as opposed to the 8th, it would not make much of a difference.  The possibility of adjourning the meeting to another date was discussed as well as deferring the matter to the next meeting.

 

As a result of the FCA presentation, Councillor Cullen indicated he had four motions he was prepared to consider on their behalf and in the particular case of figure 2.5.6, Structure of CDPs, if we add to existing conditions, the City would look at watershed or sub-watershed plans, hydrological resources and ground water conditions.  Ms. Paterson advised this is a list of things the City would look at, many of which would come out of sub-water shed plans.  Of course, staff would look at existing watershed and sub-watershed plans.

 

Section 4.11, pages 39-41, 10 sections under compatibility, use of the word should.  Councillor Cullen asked if PEC were to move from should to will, would that not ensure these policies would therefore be affectively implemented.  Mr. Ferguson remarked that Policy 2 in that section says the city will consider them.  These have to be taken into account.  He did not believe there is any need to change the shoulds to woulds, etc.

 

The Committee received the following correspondence:

·        Email dated 17 May 2005 from Paul Webber in opposition

·        Email dated 19 May 2005 from Pierrette Woods and Sharon Lawrence in support

·        Letter dated 20 May 2005 from Casey Malone, Hydro Ottawa Ltd.

·        Email dated 23 May 2005 from Alayne McGregor outlining concerns relative to the Section 3.6.5 Employment and Enterprise Area

 

Councillor Cullen returned to the redesignation of the Employment and Enterprise Centres to General Urban.  Mr. Ferguson clarified the redesignations largely came from staff in response to concerns over the amount of land that was available for retail as options.  Many are old industrial areas surrounded by burgeoning communities.  They are an anomaly in the middle.  Councillor Cullen then identified on page 41, Schedule 1, a number of items that are being converted from Enterprise to General Urban or Employment Area to General Urban.  And on Schedule 3, page 43, where they are going from Enterprise to General Urban.  Mr. Ferguson noted these were specific sites that no one appealed.  There were a number of factors that resulted in changes to the schedule; some were direct appeals.  Loblaws, for example, had site-specific appeals across the city on some of their sites and some of the changes from an Enterprise to a General Urban, relate thereto.  Others arose out of the objections to restricting retail in Employment areas.  Staff redesignated lands that were already taken over by retail from Employment to General Urban; i.e. Hunt Club and Merivale where there is a big collection of big box retail stores, designated Employment Area, those were under appeal.  The response to that was not to permit retail in Employment Areas, but to change the designation to one that permitted retail.

 

Councillor Cullen suggested Sections from 2.5.1, Schedule 1, and Sections from 2.5.3, Schedule 3, be referred to staff to provide an analysis and rationale for the redesignation.  The report could be presented to the PEC meeting after next, which would still be within Mr. Marc’s timeline.

 

Chair Hume stressed PEC had to cognizant, as pointed out by Mr. Marc, to have the matter before Council in a timely fashion.  There is an extra Tuesday in May, next Tuesday – 31 May, which holds no Standing Committee meetings.  That would still allow the report to rise to Council on the 22nd June meeting and provide Councillors not on PEC a full 2½ weeks.  At that time, PEC would receive a document from staff that would comment on those issues and Motions brought forward and if there were other issues, these could come forward at that time.  PEC would not hear any public delegations.  The meeting would be to receive Motions, debate and make recommendation to Council.  Councillor Cullen confirmed it would basically adjourn this portion of the meeting to next Tuesday and received confirmation he could table his five Motions.  Councillor Hunter opined it was appropriate to ensure today was the last opportunity for public delegations to be heard and also had a number of Motions, as did Councillor Harder, that could be tabled to the meeting.

 

Councillor Harder advised for the record, she would be unable to attend since her house was closing on Tuesday.

 

Given what had transpired, Chair Hume asked if there were any additional public delegations, who would like to speak to this matter before he closed the public meeting.

 

The Committee heard from the following delegations:

 

Alan Cohen appreciated PEC is being asked to assimilate considerable information today and would not try to interfere with the desire of any Councillor to review points, investigate them or make recommendations.  His concern, of course, and he may be speaking for many, is that they have not seen these points.  It was suggested there would not be input or delegations next time and wondered whether PEC would reconsider.  He had already asked Nadia De Santi to review the 13 pages to provide a response in an effort to discern whether there was any objection.  If they did not have any objection, they would not stand on ceremony, but if they did narrow it down to a few points, he hoped PEC might hear them on those points.  A negotiated settlement is at stake and he reminded PEC that Council had turned it over to staff to mediate a settlement.  They came before PEC in good faith having gone through that exercise and he for one and his clients, did not want to see it fail.

 

Murray Chown echoed Mr. Cohen’s comments.  They spent the better part of a year to reach this point.  PEC heard from a number of people who, having participated in this process arrived at a compromise and were willing to live with that compromise.  On behalf of eight appellants, he informed PEC they are prepared to live with what is in front of PEC, with one very minor wording change to one clause.  If PEC is going to start to tear this apart over the next week, he was not sure they could remain silent and will want to participate in the process.

 

Councillor Deans referred to the Employment and Enterprise Areas, looking at the definitions, she was given to understand what was proposed is that the City will not continue to allow big box retailing in the Employment and Enterprise Areas, but will be expanding the range of retail uses permitted.  Mr. Ferguson explained it is not really expanding it; there is a better explanation of what is meant by a Service Commercial designation.  Mr. Lathrop added the Service Commercial and principal behind not allowing big box retailing into those designations would be reinforced in the Zoning Bylaw to ensure that would not happen, so it is only service commercial.  In fact, the City no longer allows big box retailing in Employment Areas.  The old municipalities did and many in the planning field felt it was a loophole.  Big box retailing should not be looked at as a destination only, but integrated into the fabric of the development scenario of the City.  Big box retailing should not be viewed as this big enemy to be allowed only in the worst possible locations and always driven to.  It is an economic generator and a fact of life; it attracts retailing and a centralized focus for many associated uses.

 

Chair Hume closed the Public Hearing and the Committee agreed to adjourn this item to reconvene at 9:30 a.m. on 31 May 2005, in the Champlain Room to debate and decide on Motions and staff recommendation.  Chair Hume advised that all Motions will be published in the Disposition that will be released and published on the City’s website so the public is aware of the Motions.

 

The following Motions were referred to staff for consideration at the 31 May 2005 meeting.

Moved by Councillor J. Harder:

 

I.          That the wording of policy 2 (d) in section 3.6.5 ‘Employment Area and Enterprise Area’ (on page 32 of the Draft OPA) be amended by:

 

1.                   deleting “proportion of the” from the sixth line of the policy; and,

2.                   deleting “so that sample and showroom is secondary and subordinate to the primary use of the building for warehouse storage”

 

Moved by Councillor Hunter:

 

II.        Section 3.6.3, Policy 6 be amended to add the following after the first sentence:

 

However, there may be exceptional circumstances where a drive-through facility may be located on a Traditional Mainstreet where the intent of this Official Plan regarding Traditional Mainstreets can otherwise be preserved.  In these cases, appropriate means such as co-ordinated tree planting and landscaping, pedestrian amenities and the dimension, location and number of vehicular access will be used to minimize the interruption of the Traditional Mainstreet Street frontage and to ameliorate the impact on the pedestrian environment.

 

III.       The following Traditional Mainstreet designations on Schedule “B” be amended as follows:

 

a.                  Richmond Road from approximately Cleary Avenue (near Kristy’s Restaurant), west to the Ottawa River Parkway, be re-designated as General Urban.

 

b.                  Merivale Road from Caldwell Avenue north to Carling Avenue be re-designated as General Urban.

 

c.                   McArthur Avenue from Vanier Parkway to St. Laurent Boulevard be re-designated as General Urban.

 

d.                  Bronson Avenue, south of the Queensway to Carling Avenue be re-designated as General Urban

 

e.                  Scott Street between Churchill Avenue and Island Park Drive be re-designated as General Urban

 

Moved by Councillor A. Cullen:

 

IV.       Add to Figure 2.5.6 Structure of Community Design Plans, under B. Existing Conditions (Page 19):

 

“11.     Watershed or sub-watershed plans, hydrological resources, and ground water conditions”

 

V.        Add to 3.6.1 General Urban Area – Policy 5, in preamble to 2nd sentence (Page 21):

 

“such as a large scale ‘big box’ retail store  (i.e. over 8,000 sq.m) and shopping centres under 50,000 sq. m”

 

VI.       3.6.5 Employment Area and Enterprise Area (Page 32)

 

Policy 2 (c) add “child care” to the list of illustrative examples

 

VII.     Section 4.11 Compatibility – Policy 2 (a) to (l) replace “should” in all sections with “will” (Pages 39, 40 and 41).

 

VIII.    Section 4.11 Compatibility – Policy 2 (Pages 39, 40 and 41).

 

2(a)      Traffic - delete “Generally”

2(b)      Vehicular Access - delete “wherever the opportunity exists”

2(c)      Parking Requirements - delete “where appropriate”

2(g)      Loading Areas - delete “wherever possible”

2(h)      Lighting - delete “or mitigated”

2(j)       Sunlight - delete “to the extent practicable”

 

IX.       That the following sections from 2.5.1 Schedule 1 be referred to staff to provide an analysis and rationale for these re-designations:  Sections 1, 2, 4, 6, 7, 8. (Pages 41 and 43).

 

And that the following sections from 2.5.3 Schedule 3 be referred to staff to provide an analysis and rationale for these re-designations:  Sections 18, 19, 20, 21, 25, 26, 28.

 

31 May / 31 mai 2005 – 9:30 a.m. / 9 h 30 – 12:30 p.m. / 12 h 30

 

At the outset, Chair Peter Hume reminded those present that, on 24 May 2005, the Planning and Environment Committee agreed to reconvene on 31 May 2005 to debate this item.  N. Lathrop, D. Jacobs and J. Ferguson were present to answer questions from Committee members.  Mr. Jacobs indicated Mr. Ferguson and he were prepared to answer any questions that relate to Mr. Lathrop’s memorandum of 30 May 2005 circulated via electronic mail on the same date.  T. Marc and J. Moser were also present to answer questions from Committee members.

 

In response to questions from Councillor Cullen about his Motion relating to big box stores (see V, below), Mr. Ferguson reiterated staff’s position that there is no need for the proposed change, as it would impair the integrity of the mediated solution.  Mr. Jacobs added that big-box stores provide opportunities outside employment areas and come in several formats with no clear definition of what these are.  As well, the reference to big box retail and size no longer has context with the proposed repeal of Section 3.6.8 and staff are not prepared to propose numbers which it feels is not required.

 

Councillor Cullen pointed out that planners often make contradictory statements at hearings and that more precise wording would ensure these facilities are not built on major collectors and streets.  He stated that, as there is currently no limitation, the policy would be subject to testing, and with a number of large sites coming on the market, City Council would be forced to evaluate these on the existing language.

 

Vice Chair Feltmate made reference to the Employment Area and Enterprise Area (Schedule 1), noting that this classification reflects more what is happening in any specific area.  She questioned whether, in the face of a changing economy, more employment areas would be required and whether this would have a negative impact on filling intensification goals.  Vice Chair Feltmate expressed the view there is sufficient land to meet ratios in the western part of the City, and that job to housing ratios are still being met.

 

Mr. Lathrop, indicated there are moves towards better re-integration and a desire to get away from the term big box.  Staff also believe that Mainstreets work and don’t need to be segregated and that, by showing more flexibility to office parks, better integration between residential and office uses can be achieved.

 

Vice Chair Feltmate opined this will contribute to high infrastructure costs.  She pointed out that the east-west light rail line has yet to be determined, and she expressed a concern that more land being required for employment areas in the future.

 

Councillor Hunter wanted to know why staff could not support amending the Traditional Mainstreet designation for Richmond Road (see III (a) below).  Mr. Jacobs responded by saying that part of the mediated solution involved compromises the City could make, but in the case of Richmond Road, it was felt the current policy should be retained because it works effectively.

When asked by Councillor Bédard how the redevelopment of gas bars and services would be encouraged, Mr. Jacobs stated this would be subject to site plan control and/or expansion of existing, non-conforming uses.  Mr. Moser added that additions under 200 sq m would be exempt from the site plan process.  Councillor Bédard said he thought this would be difficult to implement and that an addition would not be considered “small” if it doubled the size of an operation.

 

Councillor Deans said the City has no mechanism to control design features and she averred that design standards could be imposed under the City of Ottawa Act.  She circulated photographs that illustrate current design trends on Canada’s west coast.  Mr. Jacobs concurred with this view, but he noted that staff has the ability to negotiate a building site and feel.  Staff is seeking opportunities to get more involved in this regard and the Downtown Design Pilot project may provide them.  Mr. Lathrop cited the Trainlands as a good example of where the City negotiated a good building site, and utilized good moral suasion.

 

When asked by Chair Hume when the Downtown Design Pilot would come before the Committee, Mr. Moser stated it would be brought forward this summer.  He added that, while the report only deals with the downtown area, the Ottawa by Design process would eventually encompass the entire City.  Councillor Deans asked whether there were impediments to imposing either design standards or a design committee.  Mr. Lathrop said staff could implement what is currently in the Official Plan, i.e., to cover the existing geographic area of the old City of Ottawa, but he felt this should be expanded to cover the entire new City.  Mr. Moser reiterated the approach was to start with downtown, then move forwards throughout the entire city.

 

Departmental staff responded to Councillor Doucet’s questions clarifying the size and catchment area of a new grocery/retail store at Walkley and Conroy Roads and whether there is revenue loss in taxation for big-box as opposed to standard stores.  Having heard from Mr Jacobs that the appellants were supportive of the proposed amendments, Councillor Doucet inquired whether the public was consulted about these proposed changes.  Mr. Jacobs pointed out that all levels of developers, small convenience stores and the FCA were consulted, and that input was received from over 200 community associations: further comments were elicited in March 2005.  Mr. Jacobs expressed the belief that the community was given opportunities to comment.

 

At this point, Chair Hume inquired about the process that would ensue from the Committee's decisions about the amendment.  Mr. Marc said the adopted amendment would go out on its appeal period, when he believed it would be appealed and an OMB hearing would be scheduled.  In the event there were no appeals, the existing appeals would be withdrawn.  When asked by Chair Hume about whether changes made by the Committee would be before the OMB, Mr. Marc pointed out that the Board has broad authority with respect to retail policies and that any appellant could make representations before that body.  Chair Hume advanced the view that this meant the City could be back before the Board fighting the same battle.

 

Councillor Cullen then presented a new Motion with respect to S3.6.1, Policy 5 (see V below) and asked for a staff comment.  Mr. Jacobs reiterated that staff feels this has been adequately covered and that there is no need to provide additional restrictions.

 

Commenting on a Motion of referral introduced by Vice Chair Feltmate and dealing with big-box stores (see A. below) Mr. Jacobs said staff grappled with this issue when dealing with the retail appeals.  He thought that, while it was possible to take out one piece and try to fix it there were wider ramifications.  Mr. Jacobs was of the opinion that staff had put in place a framework to regulate this kind of land use and he felt this should be seen in that perspective.

 

Councillor Doucet said the big-box issue is seizing every city in North America.  He opined that these facilities create landscapes that are difficult to service: they impact on the quality of a community and they need to be “taken on” at some point.  Councillor Doucet spoke about the need to rethink the kind of City people want and he felt this should be the subject of wider debate.

 

Councillor Deans spoke in support of referral, and of wider community debate.  She expressed the belief the proposed amendment is an expansion of the use, and that proponents will have more ability now.  The Councillor added there are many tracts of land where this can happen and she asked how the City could achieve the goal of less dependence on cars if it keeps approving facilities that attract cars.

 

Councillor Hunter pointed out that this debate has been going on for four years, through the Official Plan review, retail plans, and discussions about where big-box stores should be located.  He reminded the Committee that the aim is to mediate a resolution to retail appeals, and he thought could be done by amending particular clauses, but not by sending back this item.  Councillor Hunter said he did not want years of consultation to be followed by years of dealing with appeals.

 

Mr. Lathrop commented that the amendment tries to implement Official Plan policies, and posits that big-box stores should be integrated in the City, where good transit service exists.  He opined that the mediated settlement would bring this about.  He urged the Committee to move ahead and to look at design issues.

 

Councillor Cullen said he felt the proposal before Committee was quite different from that what is in the 2003 Official Plan.  He averred that big-box stores promote automobile use over public transit, cycling and pedestrian activity.  He did not see the need to change what has been approved, saying this would represent a step backwards.  Councillor Cullen reaffirmed the need for very clear language as relates to the Ontario Municipal Board and he asked that referral be supported.

 

At this point, the Committee considered the following Motions:

 

Moved by Councillor P. Feltmate

 

A.        WHEREAS the big-box issue is a central one to the new city’s tax revenue, quality of community and streetscapes and many cities have decided to regulate them very carefully;

 

AND WHEREAS an issue of this importance should be subject to a wider, more comprehensive public discussion than the normal committee procedure permits;

 

THEREFORE BE IT RESOLVED that big-box size, design and location be referred back to a public consultation process such that the public has a greater opportunity to comment on the desirability of expanding or contracting these commercial areas.

 

                                                                                                LOST

 

YEAS (2):        Councillors A. Cullen, P. Feltmate

NAYS (5):       Councillors H. Kreling, G. Hunter, M. Bellemare, G. Bédard, P. Hume

 

Moved by Councillor G. Hunter

 

I.          That the wording of policy 2 (d) in section 3.6.5 ‘Employment Area and Enterprise Area’ (on page 32 of the Draft OPA) be amended by:

 

3.                  deleting “proportion of the” from the sixth line of the policy; and,

 

4.                  deleting “so that sample and showroom is secondary and subordinate to the primary use of the building for warehouse storage”

 

                                                                                                LOST

 

YEAS (2):        Councillors H. Kreling, G. Hunter

NAYS (5):       Councillors A. Cullen, P. Feltmate, M Bellemare, G. Bédard, P. Hume

 

With respect to S3.6.3, Policy 6 (see II below), Councillor Hunter commented that staff have done a good job separating arterials from Mainstreets and that, with the proper mitigating elements, drive-through facilities are possible in remote cases and would represent no detriment to a Mainstreet or an existing plaza.  Both Councillors Cullen and Bédard spoke against the proposed amendment, the latter indicating that, based on his experience in his ward, these do not work.

 

Moved by Councillor G. Hunter

 

II.        Section 3.6.3, Policy 6 be amended to add the following after the first sentence:

 

“However, there may be exceptional circumstances where a drive-through facility may be located on a Traditional Mainstreet where the intent of this Official Plan regarding Traditional Mainstreets can otherwise be preserved.  In these cases, appropriate means such as co-ordinated tree planting and landscaping, pedestrian amenities and the dimension, location and number of vehicular access will be used to minimize the interruption of the Traditional Mainstreet Street frontage and to ameliorate the impact on the pedestrian environment”.

 

                                                                                                LOST

 

YEAS (1):        Councillor G. Hunter

NAYS (7):       Councillors H. Kreling, A. Cullen, P. Feltmate, M. Bellemare, G. Bédard, P. Hume

 

Councillor Bédard requested that the elements of the next Motion (see III below) be divided.  He also asked for a staff comment on Councillor Cullen’s addition of Main Street, from the Canal to the McIlraith Bridge, to the Mainstreet designation.  Mr. Jacobs indicated that Main Street is designated at General Urban and was not put forward as a Mainstreet.  He added, when asked by Chair Hume about the differences in policies between Traditional Mainstreets and General Urban that intensification is not encouraged on General Urban.  Councillor Doucet pointed out that Main Street is one of the oldest in Ottawa and the community wants it revitalized as a traditional shopping street.

 

Moved by Councillor G. Hunter

 

III.       The following Traditional Mainstreet designations on Schedule “B” be amended as follows:

 

a.                  Richmond Road from approximately Cleary Avenue (near Kristy’s Restaurant), west to the Ottawa River Parkway, be re-designated as General Urban.

 

                                                                                                LOST

 

YEAS (1):        Councillor G. Hunter

NAYS (6):       Councillors H. Kreling, A. Cullen, P. Feltmate, M. Bellemare, G. Bédard, P. Hume

 

b.                  Merivale Road from Caldwell Avenue north to Carling Avenue be re-designated as General Urban.

 

                                                                                                LOST

 

YEAS (2):        Councillors M. Bellemare, G. Hunter

NAYS (5):       Councillors H. Kreling, A. Cullen, P. Feltmate, .G. Bédard, P. Hume

 

c.                   McArthur Avenue from Vanier Parkway to St. Laurent Boulevard be re-designated as General Urban.

 

                                                                                                LOST

 

YEAS (1):        Councillor G. Hunter

NAYS (6):       Councillors H. Kreling, A. Cullen, P. Feltmate, M. Bellemare, G. Bédard, P. Hume

 

d.                  Bronson Avenue, south of the Queensway to Carling Avenue be re-designated as General Urban

 

                                                                                                LOST

 

YEAS (1):        Councillor G. Hunter

NAYS (6):       Councillors H. Kreling, A. Cullen, P. Feltmate, M. Bellemare, G. Bédard, P. Hume

 


e.                  Scott Street between Churchill Avenue and Island Park Drive be re-designated as General Urban

 

                                                                                                LOST

 

YEAS (1):        Councillor G. Hunter

NAYS (6):       Councillors H. Kreling, A. Cullen, P. Feltmate, M. Bellemare, G. Bédard, P. Hume

 

Moved by Councillor A. Cullen

 

f.          That Main Street, from the Canal to the McIlraith Bridge in Old Ottawa South be designated as a Traditional Mainstreet from General Urban.

 

                                                                                                CARRIED

 

YEAS (6):        Councillors H. Kreling, A. Cullen, P. Feltmate, M. Bellemare, G. Bédard, P. Hume

NAYS (1):       Councillor G. Hunter

 

Moved by Councillor A. Cullen

 

IV.       Add to Figure 2.5.6 Structure of Community Design Plans, under B. Existing Conditions (Page 19):

“11.     Watershed or sub-watershed plans, hydrological resources, and ground water conditions”

 

                                                                                                CARRIED

 

Speaking to this Motion, Councillor Cullen said the policy applies to more than big-box stores and clarifies what is to be covered.  He restated his earlier claim that there were more prescriptive policies in the 2003 O.P.  The Councillor cautioned against allowing big-box stores in the urban area without being covered by adequate language.  He gave this as the rationale for adding the words “such as, and not limited to” prior to the words “a large scale big box.

 

Replying to a question from Councillor Bellemare, Mr. Jacobs said that staff stands by the comments in the memorandum but will work with what the Committee determines.

 

Councillor H. Kreling sought clarification on Councillor Cullen’s subsequent Motion (see B. below) as it relates to major collectors.  Mr. Jacobs indicated that not allowing the described land uses along major collectors would accomplish what Councillor Cullen is seeking.

 

Moved by Councillor A. Cullen

 

V.        Add to 3.6.1 General Urban Area – Policy 5, in preamble to 2nd sentence (Page 21):

“such as a large scale ‘big box’ retail store (i.e. over 8,000 sq.m) and shopping centres under 50,000 sq.m”

                                                                                                LOST

 

YEAS (2):        Councillors A. Cullen, P. Feltmate

NAYS (5):       Councillors H. Kreling, G. Hunter, M. Bellemare, G. Bédard, P. Hume

 

Moved by Councillor A. Cullen

 

B.        Under Section 3.6.1 General Urban Area, Policy 5, insert:

 

(b)               “large-scale, “big box” retail store (i.e., over 8000 sq m) and shopping centres under 50,000 sq m and over 10,000 sq m will be directed to locations along the rapid-transit system or an arterial road with sufficient capacity to accommodate the anticipated traffic generated and where frequent, all-day transit service can be provided”.

 

And that the previous (b) be re-numbered to (c).

 

                                                                                                CARRIED

 

Moved by Councillor A. Cullen

 

VI.       3.6.5 Employment Area and Enterprise Area (Page 32)

 

Policy 2 (c) add “child care” to the list of illustrative examples

 

                                                                                                CARRIED

 

 


Moved by Councillor A. Cullen

 

VII.     Section 4.11 Compatibility – Policy 2 (a) to (l) replace “should” in all sections with “will” (Pages 39, 40 and 41).

 

At the request of the mover, this Motion was                             WITHDRAWN

 

Moved by Councillor A. Cullen

 

VIII.    Section 4.11 compatibility – Policy 2 (Pages 39, 40 and 41).

 

2(a)      Traffic - delete “Generally”

2(b)      Vehicular Access - delete “wherever the opportunity exists”

2(c)      Parking Requirements - delete “where appropriate”

2(g)      Loading Areas - delete “wherever possible”

2(h)      Lighting - delete “or mitigated”

2(j)       Sunlight - delete “to the extent practicable”

 

                                                                                                CARRIED

 

Councillor Cullen asked that the vote on these items be separated.  He pointed out that, as part of the debate on growth communities, the Regional Municipality of Ottawa-Carleton had wanted to ensure there would be employment nodes in the growth areas of Kanata and Cumberland.  The Councillor felt this should now be applied to new growth areas and to ensure that City Council can deal with these on a case-by-case basis.

 

Vice-Chair Feltmate said she supported retaining Sections 1 and 2, noting that there should be no expansions until roads and infrastructure are in place.  Councillor Hunter said he could not support the removal of Section 8 as this is a developed area containing commercial enterprises and is a typical commercial node in the General Urban Area

 

Moved by A. Cullen

 

IX        (a)        That the following sections from 2.5.1 Schedule 1 be removed from Schedule 1: Sections 1, 2, 6, 7.

 

CARRIED with Councillor G. Hunter dissenting on 1, 2 and 7.

 

Councillor Kreling asked about Sections 19 and 21, specifically he recalled that this had been examined and found to be sufficient to meet targets set.  He also expressed the belief that these parcels were not necessary for employment targets.

 

After further discussions, Councillor Cullen agreed to modify his amendment as follows:

 

IX        (b)        And that the following sections from 2.5.3 Schedule 3 be removed from Schedule 3: Sections 25, 26.

 

CARRIED with Councillor G. Hunter dissenting.

 

The Committee then approved the report recommendations as amended.

 

That the Planning and Environment Committee recommend that Council:

 

1.         Approve and adopt an amendment to the City of Ottawa Official Plan (2003) to make changes throughout the text and to Schedule 'B', Urban Policy Plan, as detailed in Document 2, as amended by the following:

 

a)                  Amend Schedule "B" by designating Main Street from the Canal to the McIlraith Bridge in old Ottawa East as a Traditional Mainstreet from General Urban.

 

b)                  Add to Figure 2.5.6 Structure of Community Design Plans, under B. Existing Conditions (Page 19):

 

“11.     Watershed or sub-watershed plans, hydrological resources, and ground water conditions”

 

c)                  Add to 3.6.1 General Urban Area – Policy 5, insert (b):

 

"Large scale “big box” retail store (i.e., over 8000 sq.m.) and shopping centres under 50,000 sq. m. and over 10,000 sq. m. will be directed to locations along the rapid transit system or an arterial road with sufficient capacity to accommodate the anticipated traffic generated and where frequent, all-day transit service can be provided”.

And re-number previous (b) to (c).

 

d)                  3.6.5 Employment Area and Enterprise Area (Page 32)

 

Policy 2 (c) add “child care” to the list of illustrative examples

 


e)                  Section 4.11 compatibility – Policy 2 (Pages 39, 40 and 41).

 

2(a)      Traffic - delete “Generally”

2(b)      Vehicular Access - delete “wherever the opportunity exists”

2(c)      Parking Requirements - delete “where appropriate”

2(g)      Loading Areas - delete “wherever possible”

2(h)      Lighting - delete “or mitigated”

2(j)       Sunlight - delete “to the extent practicable”

 

f)                   That the following sections from 2.5.1 Schedule 1 be removed from Schedule 1: Sections 1, 2, 6, 7 (Pages 41 and 43).

 

And that the following sections from 2.5.3 Schedule 3 be removed from Schedule 3: Sections 25 and 26.

 

2.         Direct staff to finalize Annex 3, 'Community Design Framework' (in particular the portion 'Some Design Considerations') in conjunction with the retail appellants and other interested parties and bring it back to Council for approval during the summer of 2005.

 

                                                                                                CARRIED as amended


 [U1]Summarize the implications and end with…The impact of the Official Plan Amendment is viewed as negligible.

 [U2]If there are no objections, use the following

 

 [U3]If there are objections or significant comment, use the following

 [U4]Include the documents that are applicable to this report

 

 [U5]Summarize the public notification and consultation undertaken.

 [U6]If there are a number of comments/concerns, please list each comment separately along with the corresponding response. 

If there are a small number of related comments, please summarize them and provide one response.

 [U7]Insert Councillor’s comments

 [U8]Insert Community Organization Comments

 [U9]Insert our response

 [U10]Insert Advisory Committee comments

 [U11]Insert our response