9. eXTENSION OF INTERIM CONTROL by-law - SANDY HILl |
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
SUBJECT: |
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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