9.       eXTENSION OF INTERIM CONTROL by-law - SANDY HILl

pROLONGATION DU RÈGLEMENT DE RESTRICTION PROVISOIRE - CÔTE-DE-SABLE

 

 

Committee recommendation

 

That Council approve an amendment to Interim Control By-law 2005-253, the Sandy Hill Interim Control By-law, to extend the date of the said by-law in order to permit the completion of the interim control study in Sandy Hill by one calendar year.

 

 

Recommandation du Comité

 

Que le Conseil approuve une modification au règlement de restriction provisoire 253-2005, Règlement de restriction provisoire visant la Côte-de-Sable, afin d'en prolonger d'une année civile la période d'effet de manière à permettre l'achèvement de l'étude portant sur ce règlement.

 

 

 

 

 

Documentation

 

1.         Deputy City Manager's report (Planning and Growth Management) dated
21 March 2006 (ACS2006-PGM-POL-0028).

 

 



Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

21 March 2006 / le 21 mars 2006

 

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, Community Planning and Design

Planning, Environment and Infrastructure Policy/Politiques d’urbanisme, d’environnement et d’infrastructure

(613) 580-2424 x 22653, richard.kilstrom@ottawa.ca

 

Rideau-Vanier (12)

Ref N°: ACS2006-PGM-POL-0028

 

 

SUBJECT:

EXTENSION OF INTERIM CONTROL by-law - SANDY HILL

 

 

OBJET :

PROLONGATION DU RÈGLEMENT DE RESTRICTION PROVISOIRE - CÔTE-DE-SABLE

 

 

REPORT RECOMMENDATION

 

That Planning and Environment Committee recommend that Council approve an amendment to Interim Control By-law 2005-253, the Sandy Hill Interim Control By-law, to extend the date of the said by-law in order to permit the completion of the interim control study in Sandy Hill by one calendar year.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver une modification au règlement de restriction provisoire 253-2005, Règlement de restriction provisoire visant la Côte-de-Sable, afin d'en prolonger d'une année civile la période d'effet de manière à permettre l'achèvement de l'étude portant sur ce règlement.

 

 

BACKGROUND

 

On May 25, 2005 City Council passed an interim control by-law to prohibit special needs housing as well as retirement homes and shelter accommodation in the area of Sandy Hill zoned R5C[87], such area of which is bounded by Laurier Avenue East, Chapel Street, Somerset Street East and Henderson Avenue, as identified on Document 1.  The purpose of the interim by-law is to allow a study which would review the land use planning policies for the area, excluding 433 Nelson Street, to assess the implications of these housing forms and to establish appropriate standards for regulating these uses.  Pursuant to the Ontario Planning Act, Interim Control By‑law 2005-253 is to expire on May 25, 2006.

 

The Ontario Planning Act permits municipal councils to adopt interim control by-laws to prohibit a specific land use for a period of one year from the passage of the by-law in order to complete a study and adopt any amending by-laws that emerge from the study's recommendations.  The Act also authorizes councils to extend an interim control by-law for a period of one year, if such an extension can be justified and it can be shown that the study is making progress.  There may be no further extensions, and once an interim control by-law lapses, a municipality is prohibited under the Act from enacting another interim by-law affecting the same lands for a period of three years.  Therefore, it is essential that the by-law be extended before it lapses, so that the study may be completed while continuing to prohibit the development of any special needs houses and retirement homes in the affected area.

 

The review of all current zoning regulations for special needs houses, including both group homes and shelters, as well as retirement homes was being undertaken concurrently with this project.  The results of the comprehensive review have led to significant changes in zoning strategy as applied to group home and shelters.  The proposed zoning approach for these uses will be reflected in the draft new comprehensive zoning by-law.  Although the comprehensive review of these housing land uses was undertaken for the City as a whole, the proposed new zoning approach has taken into consideration many of  the concerns that precipitated the interim control by-law prohibiting these uses in the R5C[87] zone.

 

Unfortunately, due to the departure of the planner assigned to the study, as well as the subsequent hiring freeze leading up to the approval of the 2006 budget, there has been a delay in progress of the specific Sandy Hill study.

 

Although progress has been made with respect to the newly proposed zoning approach for group homes and shelters, in particular, the Department does not expect that the Sandy Hill study will be completed before the interim control by-law is to expire.  To date, staff has undertaken background  on the neighbourhood characteristics, a review of the Official Plan policies as concerns these housing forms, completed the analysis of these uses for the affected area, considered the comprehensive zoning approach to these uses with Sandy Hill's concerns borne in mind, and has met with the Ward Councillor.  To be undertaken includes meetings to discuss the zoning approach with Action Sandy Hill and any subsequent action arising from those meetings.

 

Furthermore, given that the proposed comprehensive zoning approach to group homes, shelters and retirement homes will be undergoing extensive city-wide public consultation, there may be additional work to be undertaken in respect of these land use regulations, over the course of the next twelve months. 

 

Therefore, it is expected that this study will continue to be affected by the larger comprehensive public consultation on the new zoning by-law, while at the same time, being reviewed and finalized at the affected neighbourhood area level.

 

For these reasons, it is expected that the study will benefit from the one-year extension and will be completed in that time frame.

 

A separate report on this interim control by-law will be prepared and brought to Planning and Environment Committee prior to the one-year extension deadline of May 2007. 

 

 

CONSULTATION

 

Due to the shortage of staff resources, and to the neccessity to complete the comprehensive zoning by-law, which details a proposed zoning approach for the affected land uses across the city, including within the Sandy Hill Interim Control area, no meeting has been held with the community.  Of note, however, is the fact that the concerns which precipitated the Sandy Hill Interim Control By-law have been considered in the drafting of the proposed new zoning regulations affecting group homes and shelters.  Initial contact has been made with the representative of Action Sandy Hill, who is aware that this report is coming forward. 

 

A meeting has been held with the Ward Councillor.

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with this study.

 

 

SUPPORTING DOCUMENTATION

 

Document 1 -Area subject to Interim Control

 

 

DISPOSITION

 

Legal Services to forward the implementing by-law to City Council

 

Department of Planning and Growth Management to advertise the implementing by-law

 

 

 

 


Document 1

 

AREA SUBJECT TO INTERIM CONTROL