Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and
Council / et au Conseil
17 May 2010 / le 17 mai 2010
Submitted
by/Soumis par : Councillor/Conseillère Christine Leadman
Contact
Person/Personne ressource : Councillor/Conseillère Christine Leadman,
Kitchissippi
613-580-2485,
Christine.Leadman@ottawa.ca
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Ref N°:
ACS2010-CCS-PEC-0019 |
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SUBJECT: |
MORATORIUM ON DEVELOPMENT WITHIN THE CARLING-BAYVIEW COMMUNITY DESIGN PLAN AREA |
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OBJET : |
MORATOIRE SUR LES PROJETS D’AMÉNAGEMENT VISÉS PAR LE
PLAN DE CONCEPTION COMMUNAUTAIRE DU SECTEUR CARLING BAYVIEW |
REPORT RECOMMENDATIONS
That the Planning and Environment Committee recommended to Council
that:
1.
Staff not
schedule any rezoning within the Carling-Bayview Community Design Plan Area for
a public hearing until the Community Design Plan has been submitted to
Committee and Council for adoption;
2.
Staff be
directed to monitor applications to the Committee of Adjustment to ensure that
applications to the Committee of Adjustment are not being made to circumvent
this moratorium on rezonings and that the results of such monitoring be
regularly reported to the Ward Councillors;
3.
The City
Clerk and Solicitor be directed to seek a planner to be on retainer to defend
the position established in this motion.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l’urbanisme et de l’environnement fasse les recommandations suivantes au Conseil :
1. demander au personnel de ne prévoir aucune audience publique sur les projets de rezonage prévus dans le plan de conception communautaire du secteur Carling-Bayview jusqu’à ce que ce plan soit présenté au Comité et au Conseil aux fins d’approbation;
2. demander au personnel d’assurer le suivi des demandes présentées au Comité de dérogation afin d’assurer le respect du moratoire sur le rezonage.
3. demander au greffier municipal et chef du contentieux de mettre sous contrat un urbaniste pour défendre la position établie dans cette motion;
BACKGROUND
Pursuant to Section
77 (12) of the Procedure By-law, Councillor Leadman requested that the
following motion be placed on the Planning and Environment Committee Agenda for
25 May 2010:
WHEREAS the lands along the O-Train corridor
from Carling to Bayview are designated Mixed-Use Centre;
AND WHEREAS Mixed-Use Centres are focal
points of activity, constitute a critical element in the City’s growth
management strategy, and represent opportunities for substantial growth;
WHEREAS the City has commissioned a community
design plan for the Carling-Bayview Corridor;
AND WHEREAS it is appropriate that all
future rezonings be guided by this Community Design Plan;
AND WHEREAS Planning and Growth Management
staff have advised Council that, during the time required for completion of the
Carling-Bayview Community Design Plan, development applications are not
anticipated for sites with significant growth potential under the existing
zoning, such sites being highlighted as federal and municipal government owned
lands on Document 1 to this motion;
AND WHEREAS for the balance of the Community
Design Plan area, the potential under the existing zoning represents a
manageable impact
AND WHEREAS the process leading to the
Richmond/Westboro Commmunity Design Plan established a valuable and workable
precedent by which, rather than enacting an interim control by-law rezonings
are held in abeyance;
AND WHEREAS given this pause in considering
abeyance it is appropriate that Committee ensure that the Community Design Plan
remain on schedule;
THEREFORE BE IT RESOLVED THAT Planning and
Environment Committee recommended to Council that:
1.
Staff not
schedule any rezoning within the Carling-Bayview Community Design Plan Area for
a public hearing until the Community Design Plan has been submitted to
Committee and Council for adoption;
2.
Staff be
directed to monitor applications to the Committee of Adjustment to ensure that
applications to the Committee of Adjustment are not being made to circumvent
this moratorium on rezoning and that the results of such monitoring be
regularly reported to the Ward Councillors;
3.
The City
Clerk and Solicitor be directed to seek a planner to be on retainer to defend
the position established in this motion.
DISCUSSION
Planning and Growth Management Comments
The Official Plan
states that “In all land use designations, with the exception of Developing
Communities, development may proceed in the absence of a Community Design Plan,
in a manner consistent with the policies of the designation,” which in this
case would be Mixed Use Centre. As a
result, the normal development review process would not require a moratorium of
the kind proposed in this report.
There are
no rural implications.
CONSULTATION
This item will be advertised in the local daily newspapers as part of
the Public Meeting Advertisement on the Friday preceding the Planning and
Environment Committee meeting.
LEGAL/RISK IMPLICATIONS
Any applicant will continue to have the ability to appeal any rezoning
to the Ontario Municipal Board 120 days after the application is complete.
It is estimated that a budget of $15,000 to $20,000 will be required
for a Planner to brief his/herself on the file.
Should any matter proceed to the Ontario Municipal Board, it is
estimated that a cost of $3,000 will be incurred for each hearing day.
FINANCIAL IMPLICATIONS
The costs associated with this item are included in the
current budget for Planning and Growth Management. No incremental costs are anticipated.
The Portfolio of Infrastructure Services and Community
Sustainability will implement the directions of Committee and Council.
SUPPORTING DOCUMENTATION
Document 1 – Location Map