OTTAWA CITY COUNCIL Wednesday, 14 November 2012, 10:00 am Andrew S. Haydon Hall, 110 Laurier Avenue West AGENDA 44 PRAYER NATIONAL ANTHEM Councillor M. Wilkinson ANNOUNCEMENTS/CEREMONIAL ACTIVITIES * Recognition - Mayor's City Builder Award * Recognition - Councillor Diane Holmes * The 2012 City of Ottawa United Way Campaign Update and Appeal - Councillors Fleury and Taylor ROLL CALL CONFIRMATION OF MINUTES Confirmation of the Minutes of the regular meeting of 24 October 2012. DECLARATIONS OF INTEREST INCLUDING THOSE ORIGINALLY ARISING FROM PRIOR MEETINGS COMMUNICATIONS Association of Municipalities of Ontario (AMO): * Ontario Releases First Ever Immigration Strategy * The Commission for the Review of Social Assistance in Ontario Releases Its Report “Brighter Prospects: Transforming Social Assistance in Ontario” Response to Inquiries: * 11-12 - Clothing Donation Boxes Other Communications Received * Submission received, containing 116 signatures, concerning parking restrictions in the neighbourhood of Dalhousie South. REGRETS No regrets filed to date. MOTION TO INTRODUCE REPORTS (Councillors T. Tierney and B. Monette) COMMITTEE REPORTS AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT NO 24 1. ZONING - 5699, 5700 AND 5710 LONGSHADOW STREET COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve an amendment to Zoning By-law 2008-250 to change the zoning of 5699 Longshadow Street shown as Area A in Document 1 by amending the existing Exception [436r] as detailed in Document 2; and 2. Approve an amendment to Zoning By-law 2008-250 to change the zoning of 5700 and 5710 Longshadow Street shown as Area B in Document 1 by amending the existing Exception [437r] as detailed in Document 2; 3. Approve that the existing dance studio be added to the list of permitted uses, and that the dance studio be limited to a square footage of 5000 square feet; and 4. Approve that no further notice be provided pursuant to Section 34(17) of the Planning Act. 2. OFFICIAL PLAN AMENDMENT - 471 SANGEET PLACE COMMITTEE RECOMMENDATION AS AMENDED That Council approve an amendment to the Official Plan to exempt the property at 471 Sangeet Place from General Rural Area previous policies 3.7.2 (7) d) and 14 (currently 3.7.2 (8) d) and 15) to permit a subdivision within one kilometre of the Village Boundary. 3. GROUND MOUNTED SOLAR FARMS COMMITTEE RECOMMENDATION That Council recommend that staff be directed to develop a policy with respect to how requests for Council endorsement for ground mounted solar farm proposals be considered. COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT NO 17A 4. CAPITAL FUNDING - ORLÉANS-CUMBERLAND COMMUNITY RESOURCE CENTRE (OCCRC) COMMITTEE RECOMMENDATION That Council approve that $135,000 in funding from the Community Partnership Major Capital Program be directed to the OCCRC to offset the costs of their new community facility at 240 Centrum Boulevard. FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT NO 26 5. EXECUTION OF A MUNICIPAL CONTRIBUTION AGREEMENT WITH THE ONTARIO LOTTERY AND GAMING CORPORATION (OLG) COMMITTEE RECOMMENDATION That Council approve the execution of a Municipal Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG) pertaining to slots revenues derived from the slot machines located at the Rideau Carleton Raceway, as outlined in this report. 6. ECONOMIC DEVELOPMENT STRATEGY IMPLEMENTATION PLAN UPDATE COMMITTEE MEETING INFORMATION Delegations: Four (4) delegations spoke, three (3) in support and one (1) in opposition. Debate: Approximately two (2) hours were spent discussing this item. Vote: The item was CARRIED with Councillor Hubley dissenting. Position of Ward Councillor: N/A Position of Advisory Committee(s): N/A COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Receive the update to the Economic Development Strategy Implementation Plan and associated programs as described in this report; 2. Approve the 2013 Work Program as presented in this report, subject to budget approval; and 3. Approve that the Economic Development and Innovation Branch be directed to develop and report back to Finance and Economic Development Committee with a “Film Friendly Guidelines” document that will serve to direct the City of Ottawa and Invest Ottawa in its efforts to advance and promote Ottawa as an attractive destination for production; and That the current Filming Guidelines, Protocol and Working Agreement be updated to reflect the Film Friendly Principles as well as the City’s relationship with Invest Ottawa’s Film, Television and Digital Media Office at Invest Ottawa. 7. OTTAWA SENS FOUNDATION - COMMUNITY RINK PROGRAM COMMITTEE RECOMMENDATION That Council approve $200,000 as the City’s contribution towards the Ottawa Sens Foundation Community Rink Program for project management costs to develop community rinks on City property with funds from the 2012 Non-departmental for Unforeseen budget. PLANNING COMMITTEE REPORT NO 39A 8. TRANSIT ORIENTED DEVELOPMENT PLANS, OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT FOR TRAIN, ST. LAURENT AND CYRVILLE AREAS COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve the Transit Oriented Development Plans for Train, St. Laurent and Cyrville areas (distributed separately and on file with the City Clerk – Document 12), and as shown in Document 1; 2. Approve Amendment No. XX to the Official Plan, as detailed in Document 2, to implement the Transit Oriented Development Plans; 3. Approve an amendment to Zoning By-law 2008-250 as shown on the maps in Documents 3 to 8, and as detailed in Document 9; and 4. Approve that staff bring forward for consideration as part of the annual Capital Budget process requests for funding in years 2015 to 2017 to undertake design and implementation of cycling and pedestrian facilities. 5. That Document 3 be amended to change Map 1 for the following properties: a. 250 Tremblay Road be rezoned from MC7 F(3.5) to TD3 with a site specific exception zone; b. 550 Belfast be rezoned from IG3[263] to TD2 with a site specific exception zone; c. 330 Coventry Road be rezoned from TD3[aaaa] to TD2[aaaa] 6. That Document 7 be amended to change Map 5 for the following property: a. 1250 Cyrville Road, (city-owned property on both sides of Cyrville Road) from MC F(2.0) H(48) and MC[1353] H(48) to TD3 7. That Document 9 – Details of Recommended Zoning, Item 1.dd. be replaced with the following: “For the properties being rezoned as shown on Documents 3, 5 and 7 of this report, the TD Zone and its corresponding subzone only applies when a new permitted use, accommodated in a new building, is introduced to the site. Uses that legally exist or have an approval through site plan as of the date of passing of the By-law or are identified under “Additional Land Uses Permitted” are permitted to remain and expand using the TD Zone and provisions outlined in Tables 1, 2 and 3 below as long as they do not exceed the maximum building heights and floor area ratios noted in Tables 1, 2 and 3 below. When the building heights and floor area ratios are exceeded the development must proceed based on the full TD zone regulations. Uses that are permitted in the TD Zone may be introduced to an existing building without triggering the regulations outlined in the TD Zone. Once the TD Zone has been triggered, the exceptions outlined in the chart below no longer apply.” 8. That there be no further notice pursuant to Section 34 (17) of the Planning Act. 9. SITE PLAN - SECTION 37 BENEFITS COMMITTEE RECOMMENDATION That Council approve that where amounts have been collected through the site plan approval process for analogous purposes to Section 37, subject to any conditions in the site plan agreement or securement of other funding if such is required, the amounts may be disbursed by the Treasurer upon the written direction of the Ward Councillor. PLANNING COMMITTEE REPORT 40 10. HERITAGE – MODIFICATION OF CONDITIONS FOR DEMOLITION OF 126 RIDEAU STREET (OGILVY BUILDING) COMMITTEE RECOMMENDATIONS That Council modify the conditions as set out in Report ACS2006-PGM-APR-0079 for the approval of the demolition of the Ogilvy Building at 126 Rideau Street under the Ontario Heritage Act as follows: 1. That the issuance of a demolition permit for the Ogilvy Building to provide for the dismantling of the Rideau and Nicholas Street facades as approved by Council; and the dismantling of two bays along Nicolas Street for test panels be permitted prior to a Site Plan Control approval being in place; and 2. That all other requirements and obligations to be met prior to the issuance of a demolition permit including the provision of securities in the amount of $2M as set out in report ACS2006-PGM-APR-0079 remain and that the Owner enter into an Memorandum of Understanding (MOU) to the satisfaction of the General Manager, Planning and Growth Management and the City Clerk and Solicitor that provides for the Owners commitment and adherence to these requirements and obligations prior to these being formalized through the Site Plan approval and agreement at which time the MOU will cease to be in effect. BULK CONSENT AGENDA AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 24 A ZONING - 6000 MARY ANNE DRIVE COMMITTEE RECOMMENDATIONS AS AMENDED That Council 1. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 6000 Mary Anne Drive from Development Reserve Subzone 1 (DR1) and Village Residential Second Density Subzone D rural exception 611 (V2D[611r]) to Village Residential First Density Subzone I rural exception 610 (V1I[610r]), Village Residential Second Density Subzone D rural exception XXX (V2D[XXXr]), and Parks and Open Space (O1) as detailed in revised Document 2 and as shown in Document 1; and 2. Not enact the Zoning By-law until such time as the Delegated Authority Report for the Draft Plan of Subdivision is approved. B ZONING - 3281 DUNROBIN ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3281 Dunrobin Road from AG3 (Agriculture, subzone 3) to AG7 (Agriculture, subzone 7), as shown on Document 1. C ZONING - 2374 DONALD B. MUNRO DRIVE COMMITTEE RECOMMENDATION That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2374 Donald B. Munro Drive from AG2 (Agriculture, subzone 2) to AG6 (Agriculture, subzone 6), as shown on Document 1. D DAVID ADAMS MUNICIPAL DRAIN - REPORT ON STATUS OF DRAINAGE WORKS PURSUANT TO THE DECISIONS OF THE COURT OF REVISION AND AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL COMMITTEE RECOMMENDATION That Council receive this report for information. E LICENSE OF OCCUPATION MOHR’S LANDING/QUYON PORT AUTHORITY COMMITTEE RECOMMENDATION That Council approve the granting of a non-exclusive License of Occupation Agreement to the Mohr’s Landing / Quyon Port Authority in the general form as described in this report. COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT NO 17A F OTTAWA FIRE SERVICES – UPDATE OF FIRE PREVENTION INSPECTION FEE BY-LAW COMMITTEE RECOMMENDATION That Council approve amendments to By-law No. 2006-75 respecting Ottawa Fire Services’ fees for inspections and file searches, as outlined in Document 1. FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT NO 26 G COMPREHENSIVE LEGAL SERVICES REPORT FOR THE PERIOD JULY 1ST TO SEPTEMBER 30TH, 2012 COMMITTEE RECOMMENDATION That Council receive this report for information. H ENHANCED RISK MANAGEMENT COMMITTEE RECOMMENDATION That Council receive the final status report on the implementation of the Enhanced Risk Management Framework. I OTTAWA ACCESSIBILITY DESIGN STANDARDS COMMITTEE RECOMMENDATIONS That Council approve: 1. The Ottawa Accessibility Design Standards attached to this report as Document 1; 2. Delegate authority to the General Manager, Infrastructure Services and the Deputy City Manager, Planning and Infrastructure to make technical changes or clarifications to the Ottawa Accessibility Design Standards when deemed necessary and to report back to Committee and Council annually through the City of Ottawa Municipal Accessibility Plan (COMAP) report and to the Accessibility Advisory Committee. J SALE OF LAND – PART OF RICHARDSON SIDE ROAD COMMITTEE RECOMMENDATIONS That Council: 1. Declare surplus to the City’s needs a non-viable parcel of land shown as hatched on the attached Document 1 containing approximately 0.31ha (0.77 acres) and described as Part of Lot 6, Concession 1, Geographic Township of Kanata, now City of Ottawa, being Part 1 on Plan 4R-23681 (Part of Richardson Side Road) subject to the road being stopped up and closed by by-law; and 2. Waive City Policy pertaining to the sale of property at market value and approve the sale of land detailed in Recommendation 1 to Richardson Ridge Inc. for $1, plus HST. PLANNING COMMITTEE REPORT NO 39A K DEMOLITION CONTROL - 518 ROCHESTER STREET COMMITTEE RECOMMENDATIONS That Council approve that 518 Rochester Street be exempted from the requirements of the Demolition Control By-law subject to the following conditions: 1. Until the time of construction of the replacement building, the Owner shall be responsible for the installation, to City standards and at no cost to the City, of sod within the City boulevard along the public street frontage of 514, 516, 518, 530 and 532 Rochester Street (including the exterior side lot line of 532 Rochester Street, abutting Pamilla Street); 2. The Owner provides the City with a certified cheque or bank draft for the securities associated with the above works; 3. A replacement building for the property shall be substantially commenced within three years from the issuance of a demolition permit and in default thereof, the City Clerk and Solicitor shall enter on the collectors roll the sum of $10,000.00 for each dwelling unit contained in the residential properties demolished; 4. The Owner enters into an agreement with the City including the foregoing conditions and pays all the costs associated with the registration of the said agreement; 5. At such time as a building permit is issued to redevelop the site and the replacement building is in place, the above noted agreement will become null and void and will be released upon request by the Owner, and the Owner shall pay all costs associated with the registration of the release from this agreement; and 6. The approval of this application is null and void if the provisions of Condition 4 above have not been fulfilled within six months of the date of this approval. L ZONING - 905 TAYLOR CREEK DRIVE COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to amend the zoning of 905 Taylor Creek Drive to permit a funeral home, including a crematorium, a visitation centre and a place of worship, and to remove Automobile Service Station, Convenience Store, Car Wash and Gas Bar as permitted uses as detailed in Document 2. M AMENDMENT TO THE DELEGATED AUTHORITY BY-LAW 2012-109 TO ENABLE PROVISIONS OF THE GUARANTEED APPLICATIONS TIMELINE INITIATIVE COMMITTEE RECOMMENDATION That Council approve By-law #XXXX-XXX, A By-law to Amend Delegated Authority By-law 2012-109 as detailed in Document 1. DISPOSITION OF ITEMS APPROVED BY COMMITTEES UNDER DELEGATED AUTHORITY That Council receive the list of items approved by its Committees under Delegated Authority, attached as Document 1. MOTION TO ADOPT REPORTS (Councillors T. Tierney and B. Monette) MOTIONS OF WHICH NOTICE HAS BEEN GIVEN PREVIOUSLY MOTION Moved by Councillor A. Hubley Seconded by Councillor S. Moffatt WHEREAS On March 28th, 2012, Council endorsed a resolution to address the increasing number of clothing donation boxes by requiring only operators with registered charitable status recognized by the Canada Revenue Agency to enter into a License of Occupation Agreement with respect to City property; and            WHEREAS on October 24, 2012, City staff provided an overview of the options available to the City, with respect to regulating the presence of such clothing donation boxes on private property. THEREFORE BE IT RESOLVED that Staff prepare a detailed report for committee and Council consideration to regulate donation boxes on private property, including by way of a business license on a full cost recovery basis for non-charities, based on the objective to protect residents and private property owners by the end of the first quarter of 2013; and BE IT FURTHER RESOLVED that this report examine requirements for the operators to place clear and visible signage on the donation boxes, clearly defining whether the operator is a charitable or for profit business, including its Canada Revenue Agency charitable number if applicable and a working contact number should there be concerns with the box such as overflows; and BE IT FURTHER RESOLVED that as part of this report, the City consider introducing an information campaign to educate the public as well as property owners on the rules for clothing donation boxes on municipal and private property in accordance with the previous Council directive. NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING) NOTICE OF INTENT FROM THE CITY AUDITOR GENERAL * Notice of Intent from the City Auditor General to Table at the 29 November 2012 meeting of the Audit Sub-Committee, the following report: • OFFICE OF THE AUDITOR GENERAL (OAG) - 2011 ANNUAL REPORT AND DETAILED AUDIT REPORTS MOTION TO INTRODUCE BY-LAWS (Councillors T. Tierney and B. Monette) THIRD READING a) A by-law of the City of Ottawa to provide for the construction of drainage works and the future maintenance of drainage works in the City of Ottawa to be known as the David Adams Municipal Drain. THREE READINGS b) A by-law of the City of Ottawa to change the name of Caledon Place, a municipal highway in the City of Ottawa, to Sandford Fleming Avenue. c) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Dean Martin Crescent). d) A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes. e) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Nantes Street). f) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Stonehaven Drive). g) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Brian Good Avenue). h) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Par-la-Ville Circle and Campobello Drive). i) A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement. j) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use. k) A by-law of the City of Ottawa to close the untraveled portion of Dominion Avenue on Registered Plan No. 270, City of Ottawa. l) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 2374 Donald B. Munro Drive. m) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning provisions for the lands known municipally as 905 Taylor Creek Drive. n) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use. o) A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to exempt the lands know municipally as 471 Sangeet Place from the policies which prohibit a subdivision within one kilometer of a village boundary. p) A by-law of the City of Ottawa to amend By-law No. 2005-439 respecting the regulation of permanent signs on private property q) A by-law of the City of Ottawa respecting the prohibition, inspection and remediation of buildings used for marijuana grow operations. r) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to remove the holding symbol from part of the lands known commonly as Lansdowne Park. s) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 5699, 5700 and 5710 Longshadow Street. t) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 3281 Dunrobin Road. u) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands in the Train, St. Laurent and Cyrville Areas to implement the Transit Oriented Development Plans. v) A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to include policies for Transit-Oriented Development Areas. w) A by-law of the City of Ottawa to designate certain lands at 108 to 116, 128, 130, 132 and 134 Spartina Street being exempt from Part Lot Control. x) A by-law of the City of Ottawa to designate certain lands at 109 and 111 Beatrice Drive and 200 and 202 Springbeauty Avenue being exempt from Part Lot Control. y) A by-law of the City of Ottawa to designate certain lands at 501 to 511 Remnor Avenue (odd only) being exempt from Part Lot Control. z) A by-law of the City of Ottawa to designate certain lands at 768, 770, 772 and 774 Cedar Creek Drive being exempt from Part Lot Control. aa) A by-law of the City of Ottawa to designate certain lands at 2123, 2125, 2127, 2129, 2131, 2133 and 2135 Nantes Street being exempt from Part Lot Control. bb) A by-law of the City of Ottawa to designate certain lands at 2360 Trim Road being exempt from Part Lot Control. cc) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of part of the lands known municipally as 6000 Mary Anne Drive. CONFIRMATION BY-LAW (Councillors T. Tierney and B. Monette) INQUIRIES ADJOURNMENT (Councillors T. Tierney and B. Monette) Simultaneous interpretation of these proceedings is available. Please speak to the attendant at reception. NOTICE In Camera Items are not subject to public discussion or audience. Any person has a right to request an independent investigation of the propriety of dealing with matters in a closed session. A form requesting such a review may be obtained, without charge, from the City’s website or in person from the Chair of this meeting. Requests are kept confidential pending any report by the Meetings Investigator and are conducted without charge to the Requestor. OTTAWA CITY COUNCIL 2 AGENDA 44 WEDNESDAY, 14 NOVEMBER 2012