Report to/Rapport au :

 

Joint Meeting of the Planning and Environment Committee and the Agricultural and Rural affairs Committee

Réunion conjointe du Comite de l'urbanisme et de l'environnement et du Comité de l'agriculture et des questions rurales

 

06 November 2009 / le 06 novembre 2009

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager, Directrice municipale adjointe,

Infrastructure Services and Community Sustainability, Services d'infrastructure et Viabilité des collectivités

 

Contact Person/Personne-ressource : Richard Kilstrom, Manager/Gestionnaire, Policy Development and Urban Design/Élaboration de la politique et conception urbaine, Planning and Growth Management/Urbanisme et Gestion de la croissance Élaboration de la politique et conception urbaine

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

 

City-wide

Ref N°: ACS2009-ICS-PGM-0222

 

 

SUBJECT:

Staff Recommended Modifications to Official Plan Amendment No. 76 - Five-Year Review

 

 

OBJET :

Modifications au Plan officiel recommandées par le personnel – Amendement no 76 –examen aux cinq ans

 

 

REPORT RECOMMENDATIONS

 

1.                  That the Joint Planning and Environment Committee and Agricultural and Rural Affairs Committee recommend that Council support the modifications to Official Plan Amendment No. 76 contained in Documents 1 and 2.

 

2.                  That the General Manager, Planning and Growth Management advise the Minister of Municipal Affairs and Housing in writing of the Council's decision in regard to the proposed modifications and request that Official Plan Amendment No. 76 be modified and approved accordingly. 

 

 

RECOMMANDATIONS DU RAPPORT

 

1.         Que les Comités conjoints de l’urbanisme et de l’environnement et de l’agriculture et des affaires rurales recommandent au Conseil d’appuyer les modifications au Plan officiel, amendement no 76, présentées dans les documents 1 et 2.

 

2.         Que le directeur général, Urbanisme et Gestion de la croissance, avise le ministre des Affaires municipales et du Logement par écrit de la décision du Conseil relative aux modifications proposées et demande le changement et l’approbation par la suite de l’amendement no 76 du Plan officiel.

 

 

BACKGROUND

 

This report accompanies the report on the modifications to Official Plan No. 76 (OPA 76) that are proposed by the Ministry of Municipal Affairs and Housing. The purpose of this report is to obtain Council approval for additional modifications to OPA 76 that staff are recommending be made, but which require Council approval before being forwarded to the Ministry.

 

Most of the changes are errors and omissions that occurred in the translation of the policy changes presented to Committees and Council and the preparation of the legal amendment.  Staff also has had time to reflect on the changes and, as a result, propose some new polices that will avoid the need for future amendments.  The modifications recommended by staff are detailed in Documents 1 and 2.   Document 1 has been formatted as a legal amendment to OPA 76.  This is intended to assist the Ministry in making the modifications to the Official Plan Amendment adopted by Council.

 

If supported, these modifications will be forwarded to the Ministry of Municipal Affairs and Housing with a request that they be included in OPA 76 at the time that the amendment is approved by the Minister. Once approved by the Ministry, staff will consolidate these and the other policy changes made by OPA 76 into the Official Plan.

 

DISCUSSION

 

The modifications that staff are recommending, have been divided into eight categories as follows:  

 

  1. Changes that were included in the Document 13 (staff recommended draft OPA) but were not highlighted as changes and for this reason were not included in OPA 76 by staff on the basis of legal advice. The modifications to formally add these policies to OPA 76 are shown in detail by Items 1, 5, 6, 8, 14, 15, 16, 19, 20, 21, 22, 28, 32(1), 33, and 34 in Document 1.
  2. Policies requested by Council motion at the time the changes to the Plan were approved and which staff inadvertently left out of the legal version of OPA 76.  The modifications to add these policies to OPA 76 are shown in detail by Items 2 and 3 in Document 1.
  3. Changes to numbering, cross-references and to provide clearer differentiation of the policies that were included in OPA 76. The modifications to make these changes to OPA 76 are shown in detail by Items 7, 11 and 23 in Document 1.
  4. Editorial changes to policies included in OPA 76 to provide greater clarity to existing policies. The modifications to make these changes to OPA 76 are shown in detail by Items 12, 17, 18, 26, 30 and 31 in Document 1. 
  5. Editorial changes made to correct grammar and typographical mistakes to the policies in OPA 76. The modifications to make these changes to OPA 76 are shown in detail by Items 4, 9, 10, 13, 25, and 27 in Document 1.
  6. Changes to add new policies considered necessary to achieve the intended objectives of policy areas modified by OPA 76. The modifications to add these policies to OPA 76 are shown in detail by Items 32 (2 and 3) and 37 in Documents 1 and 2.
  7. Removing polices no longer required.  The modifications to remove these policies in OPA 76 are shown in detail by Items 24, 29 and 35 in Document 1.
  8. A Schedule change to correctly designate land that is located south of Stittsville that was added by Council to the urban boundary. The modification to make this schedule change in OPA 76 is shown in detail by Item 36 in Document 1.

 

The following sections provide more detail regarding the more significant changes that staff are recommending.

 

Polices to be removed from OPA 76.

 

There are three situations where staff are recommending policies be removed. They are related to the new designation proposed in OPA 76 for large areas recommended for urban expansion, policy related to automobile oriented uses in the Central Area and policies related to parks and greenspace requirements. 

  1. A new sub policy was added to Section 3.6.6 Central Area that prohibits the construction of new gas bars, service stations, automobile sales and drive through facilities. This policy was added to the Draft Official Plan Amendment after the public consultation. The policy was not highlighted as a new change either in the revised text or in the staff report. Since these oversights provided no opportunity for public comment, staff recommend that the policy be removed from OPA 76 at this time.  The re- introduction of this policy may be reconsidered by Council as a separate Official Plan Amendment initiated by Staff. (See Item 24 in Document 1)   
  2. Section 3.12 Urban Expansion Study Area was a new policy section recommended in the staff recommended Draft Official Plan Amendment. The policies of this section were to be applied to four proposed urban expansion areas where the City would require more studies and a community design plan to be approved before the land could be developed for urban purposes. Council did not approve these four expansion areas and the policies of Section 3.12 are now redundant (see Item 29 in Document 1).
  3. Section 4.10 Parks and Greenspace Requirements is an existing policy area where OPA 76 related to parkland dedication added new policies. These polices duplicated polices already adopted by Council as part of OPA 72 earlier in the year (see Item 35 in Document 1).

 

Policies to be included in OPA 76.

 

There are two modifications where staff recommend the addition of new policies to OPA 76. They are changes to the flood plain policies and reinstating former road right-of-way protection corridors.  

 

  1. Section 4.8.1 Flood Plains was completely replaced in OPA 76 to include policies that are consistent with the Provincial Policy Statement. These policies do not permit development and building in the flood plain. However, prior to the draft Plan coming to Council, staff in consultation with the City’s Conservation Authority Partners were reviewing possible changes to the policies that might permit site alteration and replacement of existing dwellings in the flood plain. These discussions were not completed at the time the Council adopted OPA 76.  Agreement on possible changes has been reached and the changes proposed at Item 32 in Document 1 will allow the replacement of existing dwellings located within the flood plain where the building and associated site alterations achieve an overall reduction of impact on the floodway (see Items 32 (b and c) in Document 1).
  2. Annex 1 Table 1 contains the right-of-way protection requirements for the City’s major roads. These establish where road widening is required and provide authority to the City to take widening as a condition of development.   The former Region’s 1988 Official Plan and the City of Ottawa 2003 Official Plan generally had a road right-of-way (ROW) protection requirement for rural arterial roads of 30metres except for the older core sections of villages where a 23-metre ROW was protected.  In addition to village core areas, there were a number of exceptions to the 30-metre right-of-way requirement as rural arterial roads approach the urban area. In these locations the rights-of-way increased to between 34 metres to 44.5 metres in width.  OPA No. 76 incorrectly deleted these exceptions, which means that the default rural standard of 30 metres would apply to these near urban corridors.  This is an error that needs to be corrected. Modification 37 makes this correction by reinstating the original ROW requirements established in the 2003 Official Plan for the identified road segments as shown in Document 2. 

 

Change to Schedule 44

 

Schedule 44 to OPA 76 identifies the three parcels of land located south of Stittsville that were to be added to the urban area by resolution of Council when OPA 76 was approved.  Staff had also recommended the addition of these lands and proposed the new designation of “Developing Community (Expansion Area)”. This new designation outlines the studies that must be undertaken by the owners before Council approves development to proceed.  This designation did not require a community design plan to be prepared and did not require an Official Plan amendment.  The resolution passed by Council designated these lands as “Future Urban Area”. This designation requires a community design plan to be prepared and an Official Plan amendment to be approved prior to the lands becoming part of the urban area.  Staff believes that this was an error.  The proposed modification at Item 36 in Document 1 changes the designation of these lands to “Developing Community (Expansion Area)”.

 

Other Modifications

 

Reasons for the balance of the modifications, not addressed here, are included in Document 1. 

 

ENVIRONMENTAL IMPLICATIONS

 

The changes to the flood plain policies may permit rebuilding of some waterfront dwellings where the premise is that there must be a reduction of the impact on flooding. The remaining changes have little impact on the environmental policies.

 

RURAL IMPLICATIONS

 

The changes to the flood plain policies may permit rebuilding of some waterfront dwellings in the rural area or in villages. 

 

CONSULTATION

 

All but the policies related to the flood plain have been discussed with the Ministry of Municipal Affairs and Housing. The City’s Conservation Partners were consulted on the modifications for the flood plain policies.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

The majority of the modifications are technical in nature and retain the same purpose as the draft policies reviewed by Councillors prior to the adoption of OPA 76. Where new policies have been added the issues addressed remedy concerns, expressed by individual Councillors and their staff, which have been further investigated by Staff.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS:

 

There are no legal/risk management implications associated with this report.

 

CITY STRATEGIC PLAN

 

N/A

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

N/A

 

SUPPORTING DOCUMENTATION

 

Document 1      Staff Recommended Modifications to OPA 76

Document 2      Annex 1 - Staff Recommended Modifications to OPA 76 - Road Right-of-Way Protection

 

DISPOSITION

 

The General Manager, Planning and Growth Management to notify the Minister of Municipal Affairs and Housing of Council’s decision in regard to the draft modifications.
STAFF RECOMMENDED MODIFICATINS TO OPA 76                                 DOCUMENT 1

 

NOTE: The following Table has been formatted as a legal amendment to OPA 76.  This will assist the Ministry in making the modifications to the Official Plan Amendment adopted by Council. Once approved staff will consolidate these and the other policy changes made by OPA 76 into the Official Plan.

 

Item

Section

Description
  1.  

2.2

Insert a new Item 5.c) to OPA 76 to read as follows:

 

“by deleting the final sentence from the first paragraph of the preamble, beginning with the words “Decisions on changing boundaries…”;

 

and renumber the remaining Items accordingly.

 

REASON: This wording was shown in Document 13 presented to Council (pg.2-5), but it was overlooked and not included in OPA 76.

 
  1.  

2.2.2 (now 2.2.3)

Modify Item 8.f) as follows:

“by inserting the following text immediately after the last sentence in policy 11.a, to read as follows:

 

“Where the existing zoning provisions are sufficient to meet the intensification and density targets in the time-frame defined by this Official Plan, these targets shall not be used as a planning rationale for approving additional height or density in excess of the current zoning.”

 

and renumber the remaining Items accordingly.

 

REASON: Council Disposition 68 added this text on the 10 June, 2009, Joint Committee Recommendation No. ‘2.f’.  However this text was overlooked and not included in OPA 76.

 
  1.  

2.2.2 (now 2.2.3)

Further modify Item 8.f) as follows:

“by inserting the following text immediately after the last sentence in policy 11.b, to read as follows:

 

“Where community design plans and secondary plans contain sufficient development potential to meet intensification and density targets in the time frame defined by this Official Plan, these plans shall not be altered for the purpose of achieving intensification.”

 

and renumber the remaining Items accordingly.

 

REASON: Council Disposition 68 added this text on the 10 June, 2009, Joint Committee Recommendation No. ‘2.f’.  However this text was overlooked and not included in OPA 76.

 
  1.  

2.2.2 (now 2.2.3)

Further modify Item 8.f) as follows:

“by deleting the words “to the mix and density of residential dwellings will constitute the following:” from the end of the introductory section to Policy 17 so that it now reads:

 

“17.  For those lands outside the Greenbelt that are included in a community design plan approved by Council after June 10, 2009, the following housing mix and density provisions apply:”

 

REASON: The language of the existing policy is repetitive.

 
  1.  

2.3.1

Insert a new Item 9.j) as follows:

 

“Section 2.3.1 is further amended by deleting the number ’17’ from the third bullet of the tenth paragraph and replacing it with the number ‘23’”;

 

and renumber the remaining Items accordingly.

 

REASON: This wording was shown in Document 13 presented to Council (pg.2-20), but it was overlooked and not included in OPA 76.

 
  1.  

2.3.2

Insert a new Item 10.c) as follows:

 

“by deleting the word ‘release’ from the third bullet of the second paragraph of the preamble and replacing it with the word ‘treatment’”;

 

and renumber the remaining Items accordingly.

 

REASON: This wording was shown in Document 13 presented to Council (pg.2-26/pg2-27), but it was overlooked and not included in OPA 76.

 
  1.  

2.3.2

Modify Item 10.i) by deleting ‘d. and e.’ from the text of the new policy ‘5’ shown within quotes.

 

REASON: The text identified as ‘d’ and ‘e’ of the new policy 5 within Item 10.i) should have remained as distinct stand-alone policies (they are existing policies 5 and 6 of S.2.3.2 in the Official Plan) and should not have been combined within the new policy 5.

 
  1.  

2.4.3

 

Modify Item 15.b) as follows:

 

by deleting the phrase ‘natural features’ from the second bullet”;

 

REASON: This wording was shown in Document 13 presented to Council (pg.2-36/pg2-38), but it was overlooked and not included in OPA 76.

 
  1.  

2.4.3

Modify Item 15.e) as follows:

 

by deleting the word “The” from the phrase “The subwatershed plan” and replacing it with the word “A” so that the phrase reads:

“A subwatershed plan”;

 

REASON: The affected sentence in policy 7.c begins “A subwatershed plan…” rather than “The subwatershed plan…” as has been stated in OPA 76 and hence the wording of Item 15.e of OPA 76 needs to be corrected (see Document 13 pg.2-37 / pg.2-39 of annotated version of the Plan).

 
  1.  

2.4.3

Modify Item 15.j) as follows:

 

by deleting the word ‘systems’ and replacing it with the word ‘system’.

 

REASON: A typo in OPA 76.  See pg.2-37 of Document 13 / pg.2-39 of annotated version of the OP.

 
  1.  

2.4.5

Modify Item 17.b) as follows:

 

by deleting the phrase “by updating the reference to Figure 2.5” and replacing it with the phrase “by deleting the reference to Figure 2.5 and replacing it with Figure 2.7”

 

REASON: The text of Item 17.b of OPA 76 states “by updating the reference to Figure 2.5 in the second paragraph and in the figure that follows the second paragraph”.  It does not specify what the actual numbered change was.  The change to the text portion is shown in Document 13 presented to Council (pg.2-40) and annotated version of the Plan (pg.2-41) but other than reflecting the new ‘2.7’, the presentation of the Figure itself does not actually show a strike through and shading format – it just shows Figure 2.7.  The revised text for Item 17b above addresses both issues.

 

 
  1.  

2.5.1

Modify Item 19.d) as follows:

 

by deleting the phrase “new vision for exercise” and replacing it with the phrase “Council-approved planning exercise”.

 

REASON: The reference in Item 19.d to text  “new vision for exercise” as the phrase the new text is to follow is misquoted.  It is correctly placed in Document 13 presented to Council (pg.2-45) and the annotated OP (pg.2-46) and the revision identifies the correct wording of the phrase the new text is to follow.

 
  1.  

2.5.1

Modify Item 19.f) as follows:

 

by deleting the word “provides” where it occurs within the text shown in quotes and replacing it with the word “provide”.

 

REASON: This corrects a grammatical error.

 
  1.  

2.5.1

Modify Item 19.j) as follows:

 

by deleting the phrase “and promote environmental sustainability” where it occurs within the text shown in quotes.

Section 2.5.1, Design Objective 6 is further amended by deleting the words ‘, and promote environmental sustainability’.

 

REASON: This wording was shown in Document 13 presented to Council (pg.2-27), but it was overlooked and not included in OPA 76.

 
  1.  

2.5.1

Modify Item 19.r) as follows:

 

by deleting the word ‘incentives’ in the first bullet and replacing it with the word ‘incentive’.

 

REASON: This wording was shown in Document 13 presented to Council (pg.2-47), but it was overlooked and not included in OPA 76.

 
  1.  

2.5.1

Modify item 19.w) as follows:

 

by inserting the phrase “the new” following the phrase “a new policy following” and by deleting the phrase ‘number ‘3’ and replacing it with the word ‘above’ so that the entire phrase reads as follows:

“by adding a new policy following the new policy above as follows:”

 

REASON: Editorial, to accommodate the addition of a new policy 3 subsequently added by Council through Motion on June 10.  The policy itself was shown as policy 2 in Document 13 presented to Council (pg.2-49) and policy 5 in the annotated version of the OP (pg.2-50).

 
  1.  

 

Modify Item 20) by adding two additional changes as follows :

 

“b)   by deleting the words “The City will prepare a Municipal Housing Statement”,  at the beginning of policy 4, and replacing them with the words “ The City’s Housing Strategy”.

 

c)       by deleting the words “Municipal Housing Statement”, in the first sentence of Policy 5, and replacing them with the words “The City’s Housing Strategy”.

 

REASON: Editorial, to reflect the change in terminology to the City’s Housing Strategy. The objectives of these policies do not change.

 
  1.  

2.5.5

Modify Item 21.b) as follows:

 

b.       by deleting the word “resources” from the phrase “by deleting the paragraph of the Preamble which begins ‘Built heritage resources’ and…”

 

REASON: Editorial correction. 

 
  1.  

2.5.5

Insert a new Item 21.d) to read as follows:

 

“by deleting the words ‘Section 2.5.7’ and replacing them with the words ‘Section 2.5.6’ in the second bullet of the ‘Documentary and material heritage’ section of the preamble.:”

 

and renumber the remaining Items accordingly.

 

REASON: This wording was shown in Document 13 presented to Council (pg.2-54), but it was overlooked and not included in OPA 76.

 
  1.  

2.5.5

Insert a new Item 21.k) to read as follows:

 

“by inserting within policy 9.a the phrase “as amended from time to time” immediately following the phrase “City Council’s Handbook for Evaluating Heritage Buildings and Areas”;

 

and renumber the remaining Items accordingly.

 

REASON: This wording was shown in Document 13 presented to Council (pg.2-56), but it was overlooked and not included in OPA 76.

 
  1.  

2.5.6

(Figure 2.5.6)

Modify Item 22 as follows:

 

“by inserting a new j) to read as follows:

“by adding a new A.3 to Figure 2.5.6 immediately following A.2 to read as follows:

“3.  Situate the study area within its city-wide context.  Include a description of its role within and relationship to the broader community.”

and renumber the remaining Items accordingly.

 

REASON: This change was proposed by staff and was included in Document 13 presented to Council, but because it was not highlighted as a change it was not included in OPA 76. 

 

 

 
  1.  

3.2.1

Modify Item 40 as follows:

 

by adding the word “and” at the end of the phrase “adjustment to the definition of features and functions” where it occurs in the text numbered ‘1’ so that it reads “adjustment to the definition of features and functions and

 

REASON: This wording was shown in Document 13 presented to Council (pg.3-6), but it was overlooked and not included in OPA 76.

 
  1.  

3.6.4

Modify Item 68 as follows:

 

by inserting a new “1” to read as follows:

“deleting from the second sentence the reference to “section 2.5.7” and replacing it with “Section 2.5.6”; and”

 

and renumbering the remaining changes within Item 68 accordingly.

 

REASON: This is a technical change that was not contained in Document 13 presented to Council.  However, given the technical nature of this change a modification is considered appropriate.

 
  1.  

3.6.6

Deleting Item 78 in its entirety.

 

REASON: This policy was added to the final draft Official Plan Amendment. The policy was not highlighted as an added policy and no reference to its addition or purpose was provided to Council in the staff report.  The policy was included in OPA 76. 

 

The Policy prohibits the construction of new gas bars, service stations, automobile sales and drive-through facilities in the Central Area. While staff view this language as only an explicit statement of the intent already present in the Official Plan, it would nonetheless be appropriate that this policy statement be given greater exposure for comment. For this reason staff recommend that the policy be removed from OPA 76 and be reconsidered by Council as the subject of a separate Official Plan Amendment.

 
  1.  

3.7.2

Modify Item 97 as follows:

 

“by adding the following phrase to the end of the existing wording:

“and by deleting the word ‘a’ from the phrase ‘for a larger lots’.”

 

REASON: This is a technical change that was not contained in Document 13 presented to Council.  However, given the technical nature of this change a modification is considered appropriate.

 
  1.  

3.7.2

Modify Item 110 as follows:

 

“by modifying  policy 21 to read as follows :

 

21. In reference to Policy 20, no more than two lots will be created from any lot in existence on the 13th May 2003, or from a lot that was approved by Council under its grandfathering policies after that date. In addition no further severance will be permitted from either the severed or retained lot.” 


REASON:  This modification is to a policy added by Council. The policy has been reworded to also apply to lots that were created at the time the new Official Plan was adopted by Council in 2003. At this time some applications to create new lots were considered under the policies of the former Official Plans and were grandparented. The altered text shown in italics applies the policy to those “grandparented” lots also.

 
  1.  

3.7.3

Modify Item 112 as follows:

 

by deleting the lead-in statement that reads “Amend the Preamble to Section 3.7.3 by deleting the sentence that starts with the words ‘Limited development...’ at the end of paragraph 5 and replacing it with the following:”

“Amend the Preamble to Section 3.7.3 by deleting the sentence that starts with the words “Limited new development…” at the end of paragraph 5 and replacing it with he following:”

 

REASON: This rectifies two minor grammatical errors in the lead-in sentence to Item 112. 

 
  1.  

3.7.3

Insert a new Item 123 to read as follows:

 

“Amend Section 3.7.3, Policy 14, by deleting the last two sentences in their entirety.”

 

and renumber subsequent items accordingly.

 

REASON: This wording was shown in Document 13 presented to Council (pg.3-47), but it was overlooked and not included in OPA 76.
  1.  

3.12

3.13

(new)

Modify Item 145 as follows:

 

1.   by deleting the lead in sentence that reads “Add two new Sections as follows:” and replacing it with the sentence “Add a new Section as follows:” and

 

2.   by deleting the heading “3.12 Urban Expansion Study Area” and all the text and policies that follow and relate to this section; and

 

3.   by renumbering the heading “3.13 Developing Community (Expansion Area)” to read “3.12 Developing Community (Expansion Area)”.

 

REASON: The designation “3.12 Urban Expansion Study Area” was prepared in anticipation of the staff-recommended urban area expansion of 850 ha.  It was meant to apply to the larger parcels where a community design plan or its equivalent would be required prior to development occurring.  When Council made its decision on the urban boundary this new designation no longer applies to any land in the city. This policy should be removed.

 

The second new designation described under Item 145, “Developing Community (Expansion Area)”, is to be retained and re-numbered accordingly.  It will apply to the three small parcels of land added by the City to the urban area. In this regard, Schedule R44 to OPA 76 needs to be modified to reflect the correct designation (see item 36 of this table).

 
  1.  

4.7.1

Delete Item 195, part 1, and replace it with the following:

 

“1.   deleting the phrase ‘and major site plans and major’ and replacing it with the phrase ‘site plan and’; and”

 

REASON: This is a minor change intended to make the language clearer. 

 
  1.  

4.7.1

Delete the new Policy 3 in Item 196 and replace it with a new sub policy added to Policy 2 as follows:

 

“f)     A description of how the principles of Design Objective 7 (Section 2.5.1) to maximize the energy-efficiency of development and to promote sustainable design that reduces consumption, energy use and  carbon footprint of the built environment have been considered. A sustainable design checklist will be prepared to assist in this description”.

 

REASON:  The existing policy is poorly worded and the matters contained in Design Objective 7 should be considered as part of the Integrated Environmental Review. The policy is reworded as part of Policy 2 to do this.

 
  1.  

4.8.1

Modify Item 226 as follows:

 

1.  by inserting the following Preamble text immediately prior to the heading ‘Limits of the Flood Plain’: 

 

“The purpose of these policies is to reduce the potential for public cost or risk of injury, loss of life, property damage, and economic and social disruption, which may result directly or indirectly from development and other activities in flood plains.  The policies also recognize the significant role that flood plains play in support of natural drainage systems.  The overall intent is to limit development within the flood plain.  In a few established communities, provision is made for some development within the flood fringe, where it has occurred in the past.”

 

REASON: This change was proposed by staff and was included in Document 13 presented to Council, but because it was not highlighted as a change it was not included in OPA 76. It provides an introduction to the policies that follow.

 

2.  by replacing the words ‘flood flows’ in the new policy 5 b with the word “flooding”

 

3.  by inserting a new policy 4 c as follows:

 

c.  The replacement of a dwelling that was in existence at the date of adoption of this plan with a new dwelling where:

i.        the new dwelling is generally the same gross floor area and footprint as the existing building; and

ii.       the new dwelling, in conjunction with any associated site alteration does not result in a negative effect on flooding; and

iii.     the new dwelling and any associated site alteration are approved by the appropriate Conservation Authority.

 

 and renumbering the remainder of the policies accordingly.

 

REASON: The City’s Conservation Partners consider that there is some merit in permitting the replacement of existing dwellings located in the flood plain where rebuilding does not result in a large increase in the floor area or footprint of the building and provides opportunities to reduce the flood impact and future risk. The Zoning Bylaw currently prohibits new dwellings but does allow minor additions to existing buildings. The proposed change not intended to permit new dwellings on vacant lots in the flood plain. This policy is consistent with Provincial Policy Statement.

 
  1.  

4.8.7

Modify Item 239 by adding the following sentence at the end of the text within quotations:

 

“This policy is not to be interpreted so as to require a change in the provisions of the zoning by-law for 4120A-L Riverside Drive in effect on May 14, 2003.”

 

REASON: This wording was shown in Document 13 presented to Council as part of policy 5, S.4.8.7, but it was overlooked and not included in OPA 76. 

 
  1.  

4.9

Modify Item 246 of OPA 76 to include the following additional policies:

“Section 4.9 is amended by adding the following:

 

3. Adding a new sub-policy policy 1c as follows:

 

“c.  Encourage consideration of alternative energy systems”

 

4. Adding the following new policies after Policy 1

 

“2.  Landscape designs shall consider energy and water conservation in landscape design through the following measures: 

a.       Provide for energy conservation through appropriate location and choice of species to provide shade and cooling during summer and wind protection in winter.

b.    Utilize native species and species with low watering requirements wherever possible.

3.       Utilize permeable, light-coloured or landscaped surfaces wherever practical to reduce heat retention and encourage natural infiltration of stormwater.

3.   Design and orientation of subdivisions and developments should maximize the opportunity for use of alternative and renewable energy systems by:

a.    Maximizing solar exposure through street and building orientation.

b.    Ensuring that opportunities presented by access to sunlight are not impaired on adjacent properties.

 

REASON: This change was proposed by staff and was included in Document 13 presented to Council, but because it was not highlighted as a change it was not included in OPA 76.

 
  1.  

Section 4.10

Modify Item 247 of OPA 76 by deleting changes 1 to 5 so that the amendment made by this item will begin as follows:

 

Section 4.10 is amended by:

1. inserting a new heading and policies next after the last policy as follows:

“Development adjacent to major greenspaces and waterways….”

And renumbering the subsequent policies as 11 to 14

 

NOTE: OPA 76 included changes that were also proposed by an earlier Amendment (OPA) No. 72. The deletion of sub-items 1-5 and the associated policies is requested because the Ontario Municipal Board has approved OPA 72 that includes the policies contained in these sub items.

 
  1.  

Schedule R44

Modify the legend of Schedule R44 by deleting the phrase “Land Changed from General Rural Area to Future Urban Area on Schedule A and on Schedule B” and replacing it as follows:

 

“LAND CHANGED FROM GENERAL RURAL AREA TO DEVELOPING COMMUNITY (EXPANSION AREA) ON SCHEDULE A AND ON SCHEDULE B.

TERRAINS DONT LA DÉSIGNATION PASSERA DES ZONES RURALE GÉNÉRALE A ZONE URBAINE SUR L’ANNEXE A ET A <<ZONE COLLECTIVE EN DÉVELOPPEMENT (SECTEUR URBAINE AGRANDI)>> SUR L’ANNEXE B“

 

REASON: The Council resolution inadvertently identified the change in designation for the land identified on Schedule R44 as being Future Urban Area. The policies of the Developing Community (Expansion Area) were intended to apply to these lands. 

 
  1.  

Annex 1, Tables 1 through 14

Modify Item 284 of OPA 76 by adding, in the proper alphabetical order, the rural arterial road right-of-way protection segments and requirements as set out in Appendix 1 - Staff Recommended Modifications to OPA 76  - Road Right-of-Way Protection to the contents of in Table 1 - Road Right-of-Way Protection, in OPA 76,

 

REASON: The former Region’s 1988 Official Plan (OP) and the City of Ottawa 2003 OP generally had a road right-of-way (ROW) protection requirement for rural arterial roads of 30m except for the older core sections of villages where a 23m ROW was protected.  In addition to villages there were a number of exceptions to this right-of-way for rural arterial roads adjacent to the urban area where ROW of between 34m to 44.5m was to be protected.  OPA No. 76 incorrectly deleted these exceptions, which means that the default rural standard of 30m would apply to these corridors.  This error is to be corrected by reinstating the original ROW width requirements of the 2003 OP for the identified road segments. 


ANNEX 1 - STAFF RECOMMENDED MODIFICATIONS TO

OPA 76 - ROAD RIGHT-OF-WAY PROTECTION                                             DOCUMENT 2

 

Road

From

To

ROW to be Protected

Classification

Sector

Bankfield

Highway 417

100m west of Colony Heights

34

arterial

rural

Carp

Richardson Side

Urban Area Limit

37.5

arterial

rural

Eagleson

Urban Area Limit

Fallowfield

34

arterial

rural

Earl Armstrong

Bowesville

Albion

44.5

arterial

rural

Fallowfield

Eagleson

Moodie

34

arterial

rural

Frank Kenny

Innes

Rockdale

33

arterial

rural

Huntmar

Richardson Side

Urban Area Limit

37.5

arterial

rural

March

Dunrobin

Urban Area Limit

34

arterial

rural

Mitch Owens

River

Bank

34

arterial

rural

Moodie

Urban Area Limit

Fallowfield

34

arterial

rural

Navan

Urban Area Limit

Trim

34

arterial

rural

Old Montréal

East Urban Community – east limit

Approximately 250m west of Chevalier

34

arterial

rural

Prince of Wales

Urban Area Limit

Bankfield

40

arterial

rural

Richmond

Hope Side

Eagleson

34

arterial

rural

River

Urban Area Limit

Mitch Owens

34

arterial

rural