Planning and Environment Committee
Comité de l’urbanisme et de l’environnement
24 September 2010 / le 24 sept 2010
Submitted by/Soumis par : M.Rick O'Connor, City Clerk and Solicitor/Greffier et Chef du contentieux and John Moser, General Manager, Planning and Growth Management Department/DG, Urbanisme & gestion de la croissance
Contact Person/Personne ressource : Timothy Marc
Senior Legal Counsel/Conseiller juridique principal
Legal Services/Services juridiques
(613) 580-2424 x21444, timothy.marc@ottawa.ca
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Ref N°: ACS2010-CMR-LEG-0019 |
SUBJECT: |
ONTARIO MUNICIPAL BOARD OUTCOME - 287 LISGAR STREET |
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OBJET : |
Résultat de la Commission des affaires municipales de l’Ontario – 287, rue Lisgar |
That the Planning and Environment Committee receive this report for information
Que le Comité de l'urbanisme et de l'environnement prenne connaissance du présent rapport.
Council carried the following recommendations at its meeting of May 26th, 2010
This is the first report submitted pursuant to these recommendations.
Application and Council Decision
The Ontario Municipal Board released its decision with respect to 287 Lisgar Street on July 7th, 2010. The applicants in that case sought a rezoning to permit a 16 storey building. The position taken by Council on July 8th, 2009, as recommended by staff, was to refuse the amendment. The basis for this refusal was that the zoning in the Centretown Area was in a state of flux with an inconsistent or contradictory planning policy and regulatory environment. Council had directed that a review be done of the Mid-Centretown Area zoning.
After the decision of Council and before the hearing, an application to the Committee of Adjustment was made to permit a 12 storey development at 300 Lisgar. Prior to the expiration of the appeal period for this matter, this application was considered and the determination was made not to appeal the decision. On this basis, Legal Services staff indicated at the Board hearing on 287 Lisgar that the City would not oppose a 12 storey development.
Ontario Municipal Board Decision
The Ontario Municipal Board allowed the appeal and permitted the 16 storey development. There were two main reasons for this decision:
Mid-Centretown Community Design Plan
The Board accepted that there was indeed confusion in the zoning for the area. However, the Board went on to quote from the terms of reference for the Community Design Plan which state the following:
Determine how new infill development and public works can contribute to the achievement of the City of Ottawa Official Plan intensification objectives as well as the Official Plan’s compatibility and urban design objectives, having regard fro the Centretown Secondary Plan, Downtown Ottawa Urban Design Strategy (DOUDS), the Centretown Heritage Conservation District (CHCH) designation and the Provincial Policy Statements regarding the conservation of significant built heritage and density targets.
287 Lisgar is not in the Centretown Heritage District and thus the heritage documents were not referenced in the hearing. However, all of the other documents named above were reviewed in evidence before the Board and the Member was therefore persuaded that everything that would be considered in the preparation of the Community Design Plan had also been considered with respect to the zoning for 287 Lisgar.
Intensification Policies
The Board was satisfied on the evidence that a 12 storey or a 16 storey building at this site would implement the Provincial Policy Statement. With respect to the City’s Official Plan, the Member specifically relied upon the following provisions from Section 1.6 of the Official Plan:
· The existing infrastructure is used more effectively. More compact and infill development reduces the need to extend infrastructure to new areas.
· The link between development and public transit is strengthened.
· Growth and development is accommodated in a more sustainable manner, using compact, mixed-use urban form in appropriate locations.
· Land-use intensification, infill development and mixed-use development
The Board noted that development at Kent and Lisgar of 15 and 17 storey buildings had already occurred. The Board was satisfied that the proposed building was an improvement in design from what had been historically constructed in this area and that this 16 storey building implemented the above policies.
Policy Review
The second recommendation carried by Council on May 26th, 2010 directs Planning staff to:
Outline any potential changes to City plans, policies and/or procedures to address issues arising from OMB decision in order to minimize the potential for future losses on appeal and to more accurately reflect Council’s direction.
As noted, the basis for the staff recommendation on the rezoning to refuse the application was that the zoning in the Centertown Area was in a state of flux with an inconsistent or contradictory planning policy and regulatory environment. The CDP that is currently underway is intended as the means to assess the implications of the inconsistencies and the contradictory aspects of the policy and regulatory environment in Centertown and to develop recommendations for zoning changes and changes to the Centertown Secondary Plan.
The current inconsistent and contradictory regulatory and policy environment in Centertown in part can be attributed to broad zoning changes having been made through comprehensive zoning by-lay reviews in Centertown following approval of new Official Plan’s for the former City of Ottawa and for the new City of Ottawa to up-date the by-laws to be in line with the broad policy directions set out through the OP. While secondary plans were reviewed through the overall Official Plan reviews, these reviews were focused principally on determining whether these should be integrated into the new Official Plans. No comprehensive review of the policies of the secondary plans or up-dates to reflect new needs either in the context of the broad policy directions of the OP or changing conditions within the community was undertaken. The Centertown Plan, first adopted in 1976, like most secondary plans that have been carried into the City’s OP, remains today exactly as it was when it was first adopted.
Council, in directing that a Mid Centertown CDP study be undertaken has recognized the need for having the Centertown Secondary Plan and current zoning comprehensively reviewed to determine what zoning and secondary plan modifications may be required to not only address the inconsistencies and contradictions in the zoning and secondary plan polices, but also to provide greater clarity and direction for achieving desirable infill. As an example, for areas designated High profile Residential in the Centertown plan, which is the secondary plan designation applying to 287 Lisgar, the current secondary plan provides for these areas to serve as a transition in both building height and density between the high profile high density commercial core and the medium and low profile areas of Centertown. The secondary plan however, does not provide any specific direction on how best to achieve this transition other then indicating that building heights may be limited. This provides very little direction for reviewing and assessing new infill proposals, particularly when the zoning is inconsistent with some properties having a density limit but no height limit and other properties having a height limit but no density limit.
In summary, the policy and regulatory issues that need to be addressed in Centertown where noted by staff when the rezoning application for 287 Lisgar was brought forward to Committee and Council for consideration and where noted at the OMB hearing and are now being addressed through the Mid Centertown CDP. It is expected that through the mid Centertown CDP that a more consistent policy and regulatory framework will be put in place through amendments to the zoning and the Centertown secondary plan to provide greater clarity and direction for infill proposals in the area.
FINANCIAL IMPLICATIONS
There are no financial implications associated with this report.
RURAL IMPLICATIONS
There are no rural implications associated with this report.
WARD COUNCILLOR COMMENTS
Councillor Holmes is aware of this report.
CONSULTATION
Pursuant to the Council motion with respect to reporting on the outcome of hearings, this report is to provide analysis from Legal Services and Planning and Growth Management on the outcome of Ontario Municipal Board decisions. Thus, no consultation is undertaken.
TECHNICAL IMPLICATIONS
There are no technical implications associated with this report.
CITY STRATEGIC PLAN
This report is consistent with the Governance Priority of ongoing strategic monitoring and adjustments of City decisions.
The Mid Centretown Community Design Plan is anticipated to be before Committee and Council for consideration in the third quarter of 2011.