SPECIAL OTTAWA CITY COUNCIL

19 AND 22 NOVEMBER 2010

ANDREW S. HAYDON HALL

10:00 a.m.

MINUTES 99

Special Meeting Called by His Worship Mayor O’Brien to deal with matters related to the Stage 1 Site Plan for the Lansdowne Park Implementation Plan; Motion No. 98/9 regarding the South March Highlands (deferred by Council at their meeting of 6 October 2010) and the corresponding staff report; any other urgent matter arising from Standing Committees requiring Council approval; by-laws authorized by reports being presented or previously adopted reports; and by‑laws authorized by the Delegation of Authority By-law.

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa on 19 and 22 November 2010.

The Mayor, Larry O’Brien, presided and the Deputy Clerk led Council in prayer.

Roll Call

ALL MEMBERS WERE PRESENT EXCEPT COUNCILLORS S. DESROCHES (19 NOVEMBER), P. FELTMATE (19 NOVEMBER), G. BROOKS (19 NOVEMBER) AND M. BELLEMARE (22 NOVEMBER).

Declarations of interest including those originally arising from prior meetings

No Declarations of Interest were filed.

Communications

· Memorandum from the Environment Advisory Committee concerning the South March Highlands (Reference Motion 98/9 deferred from Council meeting of 6 October 2010)

· Memorandum from the Ottawa Forests and Greenspace Advisory Committee concerning the South March Highlands (Reference Motion 98/9 deferred from Council meeting of 6 October 2010)

· Memorandum from the Ontario Housing Trust concerning the Lansdowne Site Plan

Regrets

Councillors P. Feltmate (City Business) and S. Desroches (City Business) advised they would be absent from the Council meeting of 19 November 2010.

Friday, 19 November 2010

Motion to Introduce Reports

MOTION NO. 99/1

Moved by Councillor R. Bloess

Seconded by Councillor J. Harder

That recommendations 3, 4, 5, 6, 7 and 8 of the report from the Deputy City Manager, Infrastructure Services and Community Sustainability Report entitled “Site Plan Control – Integrated Site Plan – Lansdowne Partnership Plan”, the report rising from the Ottawa Built Heritage Advisory Committee entitled “Relocation of the Horticultural Building, a Property Designated Under Part IV of the Ontario Heritage Act (By-Law 8-1994)”, the report from the Deputy City Manager, Infrastructure Services and Community Sustainability Report entitled “Staff Response to Council Motion on Acquisition Of Phase 9 KNL Lands”, Community and Protective Services Committee Report 60, Planning and Environment Committee Report 76A and 79, and Transportation Committee Report 43 be received and considered;

CARRIED

Motion to Resolve In Camera

Council resolved In Camera later in the meeting, but the disposition of same is shown below for ease of reference.

MOTION NO. 99/2

Moved by Councillor E. El-Chantiry

Seconded by Councillor S. Qadri

BE IT RESOLVED that Council resolve In Camera pursuant to Subsections 13. (1) (a) the security of the property of the City; (e) litigation or potential litigation, affecting the City, including matters before administrative tribunals; and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, of Procedure By-law 2006-462, to receive a briefing from the City Clerk and Solicitor with respect to matters related to the application filed by the Friends of Lansdowne Inc. to quash the decisions of the Council meeting of June 17-28, 2010, regarding Lansdowne Park.

CARRIED

Council resolved In Camera at 12:56 p.m.

IN CAMERA SESSION

IN COUNCIL

Council resumed in open session at 1:50 p.m.

Upon resuming in open session, Mayor O’Brien indicated Council had met In Camera and that the matters dealt with were related to the application filed by the Friends of Lansdowne Inc. to quash the decisions of the Council meeting of June 17-28, 2010, regarding Lansdowne Park. There were no votes taken during the In Camera session, other than to give directions to staff or to deal with procedural matters.

Motion to Resolve Into Committee of the Whole

MOTION NO. 99/3

Moved by Councillor R. Bloess

Seconded by Councillor J. Harder

That City Council resolve to move into Committee of the Whole pursuant to Section 48 of the Procedure By-law, to consider the report from the Deputy City Manager, Infrastructure Services and Community Sustainability entitled “Site Plan Control – Integrated Site Plan – Lansdowne Partnership Plan” (as per the Council direction of 28 June 2010); the report rising from the Ottawa Built Heritage Advisory Committee entitled “Relocation of the Horticultural Building, a Property Designated Under Part IV of the Ontario Heritage Act (By-Law 8-1994)” and Planning and Environment Committee Report 76A, Item 1, Motion – Use of Horticulture Building As A Year-Round Farmers’ Market.

CARRIED

IN COMMITTEE OF THE WHOLE

Council received a presentation from staff on the Site Plan Control – Integrated Site Plan – Lansdowne Partnership Plan.

During questioning of staff on the presentation, the Mayor ruled that Councillor Doucet’s line of questioning with respect soil remediation was out of order. Councillor Doucet challenged the Chair.

The Chair was sustained on a division of 10 YEAS to 5 NAYS as follows:

YEAS (10): Councillors S. Qadri, D. Thompson, G. Bédard, G. Hunter, B. Monette, E. El‑Chantiry, J. Harder, R. Jellett, R. Bloess and Mayor L. O'Brien.

NAYS (5): Councillors C. Doucet, A. Cullen, J. Legendre, D. Holmes and C. Leadman.

The following delegations addressed the Committee of the Whole on the Stage 1 Site Plan for the Lansdowne Park Implementation Plan. Those persons whose names are marked with an asterisk (*) have provided written submissions and these documents are held on file with the City Clerk.

Chris Mulholland, Vice Chair, Ottawa Built Heritage Advisory Committee, spoke against the Site Plan.

Patrick Quealey, Chair and Jason Pearman, Vice-Chair, Environmental Advisory Committee*

Brian Barrett, Chair, Arts Heritage and Culture Advisory Committee*

Catherine Caule, Member, Health and Social Services Advisory Committee*

Bernie Geiger and Margaret Back, Pedestrian and Transit Advisory Committee, expressed concerns regarding traffic and green space.

Heather Hamilton, Vice Chair, Ottawa Forests and Greenspace Advisory Committee*

Kelly Black on behalf of Herb Stovel*

Michael Wolfson, spoke mainly to the scale of the proposed buildings and the lack of any 3D imaging for the site.

Catherine Lindquist, Executive Director, Glebe Business Improvement Area spoke of the importance of the Lansdowne site and conveyed her group’s significant concerns with the proposed development.

John Crump*

Teena Hendelman*

Carol MacLeod spoke against the Site Plan.

Nancy Oakley*

David B. Flemming, Heritage Ottawa*

Gordon Bunke, Rough Riders Alumni, spoke in favour of the Site Plan

Brendan McCoy, Old Ottawa South Community Association Inc.*

David Jeanes, Transport Action, expressed concerns in regards to transportation and transit aspects of the site plan.

Kris Nanda, Riverview Park Community Association *

Jo Wood spoke in opposition to the site plan and the process.

June Creelman, Chair, Glebe Community Association*

Ken Shipley, Friends of Lansdowne*

Bruce Rosove*

Erwin Dressen*

Dennis Brock, Holmwood Exasperated Lansdowne Promoters (HELP)*

Brian Tansey spoke against the Site Plan and had concerns with Council making decisions on this matter, given its “lame duck” status.

Andy Terauds, Ottawa Farmers’ Market Association, spoke in favour of the Site Plan.

Dr. W. Hendelman*

Dr. Frank Johnson, RBR Ltd.*

John Rive*

John E. Martin*

Donald Byrne, Holmwood resident, spoke against the Site Plan; stating that he does not consider it to be the best/only option.

Enid Perry asked that the decision on the site plan be deferred to the new Council. She also expressed concerns about the funding of OSEG and a football team by citizens.

Nancy Lawand expressed her opposition to the site plan due to unanswered questions on costs and traffic issues.

Chris White conveyed his opposition to the site plan in the form of a song.

The Committee of the Whole recessed the Special Meeting at 6:10 p.m. on Friday, 19 November 2010 and reconvened at 10:20 a.m. on Monday, 22 November 2010.

Monday, 22 November 2010

DEPUTY CITY MANAGER, INFRASTRUCTURE SERVICES AND COMMUNITY SUSTAINABILITY’S REPORT

1. SITE PLAN CONTROL – iNTEGRATED SITE PLAN – lANSDOWNE PARTNERSHIP PLAN

VÉRIFICATION DU PLAN D’IMPLANTATION - PLAN CADRE d’IMPLANTATION intégré – PLAN DE PARTENARIAT DE lANSDOWNE

REPORT RECOMMENDATIONS

That City Council sitting as Committee of the Whole:

1. Approve the Integrated Site Plan for the Revitalization of Lansdowne Park, as described in the Lansdowne Partnership Plan (LPP) Implementation report (ACS2010-CMO-REP-2034), approved by Council on June 28, 2010, and as detailed in Documents 3, 4, 5 and subject to the Standard and Special Conditions set out in Document 6 of this report:

Including:

a. Lansdowne Park Integrated Site Plan, DWG No. A0-01, prepared jointly by BBB Architects, Barry J. Hobin Architects, Cannon Design and Philips Farevaag Smallenberg Landscape Architects (PFS) dated November 4, 2010 and dated as received November 5, 2010 (Document 3);

b. Lansdowne Park Integrated Landscaping Plan prepared jointly by Philips Farevaag Smallenberg Landscape Architects (PFS), Corush Sunderland Wright Landscape Architects (CSW), BBB Architects, B.J. Hobin Architects, and Cannon Design dated November 11, 2010 and dated as received November 8, 2010 (Document 4);

c. Integrated Engineering Plans as follows (Document 5):

i. Existing Conditions Plan, Lansdowne Park, Drawing No. EX-1, prepared by David Schaeffer Engineering Ltd. (DSEL), dated November 2010, and dated as received November 8, 2010 (Document 5A)

ii. Integrated Servicing Plan, Lansdowne Park, Drawing No. SSP-1, prepared jointly by David Schaeffer Engineering Ltd. (DSEL), Stantec Engineering and Philips Farevaag Smallenberg Landscape Architects (PFS) dated November 2010, and dated as received November 8, 2010 (Document 5B)

iii. Integrated Grading Plan, Lansdowne Park, Drawing No. GP-1, prepared jointly by David Schaeffer Engineering Ltd. (DSEL), Stantec Engineering, Philips Farevaag Smallenberg Landscape Architects (PFS) and Corush Sunderland Wright Landscape Architects (CSW), dated November 2010, and dated as received November 8, 2010 (Document 5C)

iv. Integrated Stormwater Management Plan, Lansdowne Park, Drawing No. STM-1, prepared jointly by David Schaeffer Engineering Ltd. (DSEL), Stantec Engineering, and Philips Farevaag Smallenberg Landscape Architects (PFS), dated November 2010, and dated as received November 8, 2010 (Document 5D); and

d. The conditions set out in Document 6, specifically those conditions related to finalizing the site plan approval and for executing the required site plan agreement.

2. Receive the Response Matrix (Document 2) for information, which details how Recommendation 1, responds to the directions provided by Council on June 28, 2010.

That City Council sitting as Committee of the Whole recommend that Council:

3. Approve the newly appointed Design Review Panel as the review body to finalize the site plan as set out in Recommendation 4 - on the basis that the Lansdowne Strategic Design Review and Advisory Panel has fulfilled its mandate to provide third party peer design review to Council through its consideration of the LPP.

4. Delegate to the General Manager, Planning and Growth Management the authority to finalize the Integrated Site Plan Approval in accordance with the conditions set out in this report including but not limited to:

a. Receiving for consideration recommendations from the City’s recently appointed Design Review Panel on the design details to be incorporated into the Integrated Site Plan as set out in Document 6 prior to final site plan approval;

b. Advising where appropriate, the Planning and Environment Committee on the fulfillment of the conditions set out in Document 6; and

c. Bringing forward to the Planning and Environment Committee for its approval any plans that reflect substantial changes from the approval framework outlined in this report.

5. Approve that the City’s Signs By-law not apply for signage related to the Lansdowne Revitalization Project subject to a comprehensive signage plan being developed as described in Document 6.

6. Approve the preferred location for the Ottawa Art Gallery (OAG) at Lansdowne Park, as determined through the site evaluation process described in this report including endorsements by the Board of Directors of the Ottawa Art Gallery and the Design Review Panel, should Council determine through its consideration of the Arts Court Project Report (Q1 2011) to locate the Ottawa Art Gallery at Lansdowne.

7. Direct staff to bring forward an information report for Council consideration during the 2011 Budget process on the costs and requirements associated with the burial of the overhead hydro wires along Bank Street as part of the implementation of the Bank Street Rehabilitation project in the Glebe to facilitate a final decision on this issue prior to the commencement of the reconstruction which is scheduled to proceed in 2011 in accordance with the approved budget allocation.

8. Receive the Memorandum of Understanding (MOU) between the Ottawa Farmers’ Market Board and the City, which will serve as the framework for determining the design details to be incorporated into the Integrated Site Plan and based on the outcome of these discussions, that the site plan be finalized by staff under delegated authority.

MOTION NO. 99/4

Moved by Councillor C. Doucet

Seconded by Councillor D. Holmes

WHEREAS Section 275 of the Municipal Act, 2001 provides that in the event that less than three-quarters of the outgoing council was re-elected certain actions are restricted. These actions include the disposition of real or personal property which has a value exceeding $50,000 at the time of disposal; and, making any expenditures or incurring liability which exceeds $50,000. The restrictions are in effect until December 1, 2010 when the new Council is sworn in; and

WHEREAS the City has received correspondence from the law firm of Sack Goldblatt Mitchell, solicitors for the Friends of Lansdowne Inc. (the group that has made application to quash the decisions taken by Council in June, 2010 with respect to the Lansdowne Partnership Plan) requesting that this matter be deferred for consideration to the new Council and advising of their intent to take further legal action, if it is not; and

WHEREAS Council, sitting as Committee of the Whole, has heard from over thirty delegations, many of whom have expressed the opinion that deferral of this matter to the new Council would be in the best interest of the City of Ottawa and its taxpayers;

WHEREAS the current Council’s consideration of the Lansdowne Integrated Site Plan should be deferred to the newly elected Council because there are unknown costs associated with the implementation of the Site Plan that have not been clearly identified nor included in the Lansdowne Partnership Plan budget that was approved by Council on June 28, 2010; and

WHEREAS one of these costs relates to the Phase I and II Environmental Site Assessments for Lansdowne; and

WHEREAS the City will assume all responsibility for any remediation resulting from existing environmental conditions at the Lansdowne site as per the Lansdowne Partnership Plan Project Agreement Framework; and

WHEREAS an analysis of the Phase I and II Environmental Site Assessment for Lansdowne raises two key concerns:

1. Unbudgeted cost and liability; and

2. Site remediation will require complex judgements to be made about acceptable risks, hazardous waste management, public health protection and other matters that should not be delegated to staff, but rather presented, discussed and debated by Council and in public; and

WHEREAS a peer review of the Phase I and II Environmental Site Assessments for Lansdowne by an environmental consulting firm, XCG Environmental Engineers and Scientists, estimates the cost of removing contaminated materials from the Eastern Landfill area and from the northwestern part of the property could be in the order of $20 million. Whether these materials will need to be removed, or whether it will be feasible to leave them in place as the city intends, depends on the outcome of a complex process involving a number of Stakeholders; and

WHEREAS the Lansdowne Partnership Plan includes a budgeted cost of $1 million for the relocation of the Coliseum Inc. dome, a recent media story indicates that a suitable new location for the dome has not been found and Coliseum Inc. may seek costs from the City in the order of $5 million; and

WHEREAS the Ontario Heritage Trust (OHT) only received a formal written request from the City to obtain approvals required under the OHT Easement Agreement on Thursday, November 18, 2010, and has been given 60 days to respond. Therefore, a vote on the Site Plan at this time is premature given that heritage approvals under the Ontario Heritage Act have not been granted; and

WHEREAS the short and long-term costs to the City for the new Ottawa Art Gallery (OAG) at Lansdowne are still unknown and require the agreement of the province to move the provincial funding from ArtsCourt to Lansdowne, and this agreement has not been obtained, nor is it likely to be as Lansdowne is part of a sole-sourced redevelopment project, and the province has already refused to be part of the stadium funding; and

WHEREAS the Site Plan report delegates authority to staff to approve the final Lansdowne Site Plan and removes oversight and approval from Council; and the incoming Council may want to examine financial commitments, heritage and public space losses or alternatives not considered by this council such as the Lansdowne Conservancy in their own right and in their own time;

THEREFORE BE IT RESOLVED that the decision on the Lansdowne Site Plan be deferred until after the new Council is sworn in on December 1, 2010 so that the 10 new Councillors and Mayor have the opportunity to consider and publicly debate the merits of the staff Site Plan report, and its encumbering clauses, in addition to the 13 returning members of Council.

LOST on a division of 6 YEAS to 16 NAYS as follows:

YEAS (6): Councillors D. Holmes, C. Leadman, C. Doucet, P. Feltmate, A. Cullen and J. Legendre.

NAYS (16): G. Bédard, J. Harder, R. Jellett, R. Bloess, M. McRae, G. Hunter, S. Desroches, E. El-Chantiry, S. Qadri, P. Hume, B. Monette, D. Thompson, M. Wilkinson, R. Chiarelli, G. Brooks and Mayor O’Brien.

MOTION NO. 99/5

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

WHEREAS the following Motion No. 92/41 was carried at a Special Committee of the Whole Meeting on June 28, 2010:

WHEREAS Council has never contemplated selling any of Lansdowne Park. The direction has been very clear -- retain ownership. At the end of the leases all parts of Lansdowne Park -- the park and open space, the stadium and commercial components -- are owned by the City of Ottawa.

THEREFORE BE IT RESOLVED THAT City Council confirm its policy of not selling any of the land that comprises Lansdowne Park.

WHEREAS given that the above noted resolution of Council clearly states that “City Council confirm its policy of not selling any of the land that comprises Lansdowne Park”, it is important to note that Document 6, Conditions for Lansdowne Integrated Site Plan Approval, which are “specifically those conditions related to finalizing the site plan approval and for executing the required site plan agreement” includes the following clause:

4. Private Agreement for Common Elements

(a) Should the site be severed in the future, a Private Agreement which shall be binding upon the owners and all subsequent purchasers that it shall ensure that the future Owner of any freehold units shall be entered into to deal with the joint use, maintenance and liability of the common elements, including but not limited to common party walls, exterior walls; common structural elements such as the roof, foundations; common parking areas; private sewers; and watermains for the mutual benefit and joint use of the owners; and any other elements located in the common property; and the private Agreement shall be filed with the General Manager, Planning and Growth Management Department.

(b) An opinion from a solicitor authorized to practice law in the Province of Ontario that the private Agreement is binding upon the owners of the land and all subsequent purchasers to deal with the matters referred to in (a) shall be filed with the General Manager, Planning and Growth Management Department.

(c) The Joint Use, Maintenance and Liability Private Agreement shall be registered on title at no cost to the City, and a copy shall be provided to the City.

WHEREAS the inclusion of this clause would allow for the future severing of the Site;

THEREFORE BE IT RESOLVED that Document 6, clause No. 4, Private Agreement for Common Elements, should removed from the Site Plan report because it is contrary to Motion No. 92/41 which clearly states that all of Lansdowne Park should remain in public ownership and no part of the site should be severed in the future.

CARRIED

MOTION NO. 99/6

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

WHEREAS the redevelopment of Lansdowne Park represents a significant capital investment on the part of Ottawa taxpayers;

WHEREAS Council has been explicit with respect to directing that the form and design of the redevelopment respect and integrate with the surrounding community;

WHEREAS the work of the Lansdowne Park Strategic Design Review and Advisory Panel (DRP) has resulted in the positive evolution of the Lansdowne Site Plan and integration of the site’s redevelopment;

THEREFORE BE IT RESOLVED that Recommendation 3 of the Site Plan Control – Integrated Plan – Lansdowne Partnership Plan report be replaced with the following:

3. Approve that the Chair of the Lansdowne Park DRP (George Dark), the Chair of the City’s new Design Review Panel (David Leinster), Councillor Peter Hume and Councillor-elect David Chernushenko be delegated the final review authority for the following components of the Stage 2 Lansdowne Park redevelopment site plan: 1) the Final Integrated Site Plan; 2) the Final Integrated Landscape Plan and 3) the Conceptual Architectural plans and that the City’s new DRP provide ongoing peer design review as the final plans are developed.

BE IT FURTHER RESOLVED that Recommendation 4 of the Site Plan Control – Integrated Plan – Lansdowne Partnership Plan report be replaced with the following:

4 a) Approve giving delegated authority to the General Manager, Planning and Growth Management to finalize the Integrated Site Plan Approval in accordance with the conditions set out in this report subject to b) c) and d);

b) Approve that the clearance of all conditions of site plan approval be subject to the endorsement of the Chair of the Lansdowne Park DRP (George Dark), the Chair of the City’s new Design Review Panel (David Leinster), Councillor Peter Hume and Councillor-elect David Chernushenko;

c) Approval that the Chair of the Lansdowne Park DRP (George Dark), the Chair of the City’s new Design Review Panel (David Leinster), Councillor Peter Hume and Councillor-elect David Chernushenko may further delegate the clearance of technical conditions to such staff as they may in writing designate;

d) Bringing forward to the Planning and Environment Committee for its approval any plans that reflect substantial changes to the framework outlines in this report.

CARRIED

MOTION NO. 99/7

Moved by Councillor M. Wilkinson

Seconded by Councillor C. Doucet

THEREFORE BE IT RESOLVED THAT the words “and be sent to Planning and Environment Committee for approval” be added to Recommendation 5.

CARRIED on a division of 14 YEAS to 8 NAYS as follows:

YEAS (14): Councillors G. Bédard, J. Harder, M. McRae, D. Holmes, E. El-Chantiry, C. Leadman, S. Qadri, C. Doucet, P. Hume, P. Feltmate, M. Wilkinson, G. Brooks, A. Cullen and J. Legendre.

NAYS (8): Councillors R. Jellett, R. Bloess, G. Hunter, S. Desroches, B. Monette, D. Thompson, R. Chiarelli, and Mayor O’Brien.

MOTION NO. 99/8

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

WHEREAS Motion No. 92/10, moved by Councillor D. Deans, and carried at the Special Committee of the Whole meeting on June 28, 2010 is as follows:

THEREFORE BE IT RESOLVED THAT the City of Ottawa add a condition to the Lansdowne Partnership Plan (LPP) that, if OSEG does not have a signed, legally-binding contractual agreement with the CFL for an Ottawa team within 90 days of the Council approval of the LPP, Council approval of the LPP is automatically terminated.

WHEREAS this condition was not met within the 90-day time frame specified above;

THEREFORE BE IT RESOLVED that since this condition has not been met as per motion 92/10 carried by Council on June 28, 2010 the LPP is automatically terminated.

Mayor O’Brien ruled that Motion No. 99/8 was out of order. Councillor Doucet challenged the Chair.

The Chair was sustained on a division of 16 YEAS to 5 NAYS as follows:

YEAS (16): Councillors G. Bédard, J. Harder, R. Jellett, R. Bloess, M. McRae, G. Hunter, S. Desroches, E. El‑Chantiry, S. Qadri, P. Hume, B. Monette, P. Feltmate, D. Thompson, M. Wilkinson, R. Chiarelli and Mayor L. O'Brien.

NAYS (5): Councillors D. Holmes, C. Leadman, C. Doucet, A. Cullen and J. Legendre.

Deputy City Manager, Infrastructure Services and Community Sustainability’s report, Site Plan Control – Integrated Site Plan – Lansdowne Partnership Plan, as amended by Motion Nos. 99/5, 99/6 and 99/7 and set out below for ease of reference, was then put to Committee of the Whole and was divided for voting purposes

That City Council sitting as Committee of the Whole:

Including:

c. Integrated Engineering Plans as follows (Document 5):

i. Existing Conditions Plan, Lansdowne Park, Drawing No. EX-1, prepared by David Schaeffer Engineering Ltd. (DSEL), dated November 2010, and dated as received November 8, 2010 (Document 5A)

d. The conditions set out in Document 6, specifically those conditions related to finalizing the site plan approval and for executing the required site plan agreement, as amended by the following:

That Document 6, clause No. 4, Private Agreement for Common Elements, should removed from the Site Plan report because it is contrary to Motion No. 92/41 which clearly states that all of Lansdowne Park should remain in public ownership and no part of the site should be severed in the future.

2. Receive the Response Matrix (Document 2) for information, which details how Recommendation 1, responds to the directions provided by Council on June 28, 2010.

That City Council sitting as Committee of the Whole recommend that Council:

4. a) Approve giving delegated authority to the General Manager, Planning and Growth Management to finalize the Integrated Site Plan Approval in accordance with the conditions set out in this report subject to b) c) and d);

d) Bringing forward to the Planning and Environment Committee for its approval any plans that reflect substantial changes to the framework outlines in this report.

5. Approve that the City’s Signs By-law not apply for signage related to the Lansdowne Revitalization Project subject to a comprehensive signage plan being developed as described in Document 6 and be sent to Planning and Environment Committee for approval.

Recommendations 1 and 2 CARRIED on a division of 16 YEAS to 5 NAYS as follows:

YEAS (16): Councillors G. Bédard, J. Harder, R. Jellett, R. Bloess, M. McRae, G. Hunter, S. Desroches, E. El‑Chantiry, S. Qadri, P. Hume, B. Monette, D. Thompson, M. Wilkinson, R. Chiarelli, G. Brooks and Mayor L. O'Brien.

NAYS (5): Councillors D. Holmes, C. Leadman, P. Feltmate, A. Cullen and J. Legendre.

Recommendations 3, 4, 5, 6, 7 and 8 CARRIED.

REPORT FROM THE OTTAWA BUILT HERITAGE ADVISORY COMMITTEE

1. Relocation of the Horticulture building, a property designated under part iv of the ontario heritage act (By-law 8-1994)

DÉPLACEMENT DU BÂTIMENT DE L'HORTICULTURE, PROPRIÉTÉ DÉSIGNÉE AUX TERMES DE LA PARTIE IV DE LA LOI SUR LE PATRIMOINE DE L'ONTARIO (RÈGLEMENT 8-1994)

Ottawa Built Heritage Advisory Committee RECOMMENDATION AS AMENDED

That Council sitting as Committee of the Whole recommend that Council reject the staff recommendations.

STAFF RECOMMENDATIONS

That the Ottawa Built Heritage Advisory Committee recommend that Council sitting as Committee of the Whole recommend that Council approve:

1. the relocation of the Horticulture Building according to plans prepared by BBB Architects, Barry J. Hobin Architects and Cannon Design (Document 3);

2. that, in accordance with the Recommendations contained in the Heritage Impact Assessment Report, the approval be subject to:

a. A Conservation Strategy to support future public use of the relocated Horticulture Building as determined through the Programming Plan being developed for the Urban Park including Aberdeen Square, the Aberdeen Pavilion and the Horticulture Building;

b. A detailed plan for works for the proposed relocation; and

c. A and B being prepared to the satisfaction of the General Manager, Planning and Growth Management; and

3. repeal of By-law 8-1994 designating the Horticulture Building under Part IV of the Ontario Heritage Act and enact a new designation By-law under Part IV of the Ontario Heritage Act once the building has been relocated and rehabilitated as set out in the Conservation Strategy to be developed for its new use.

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on December 29, 2010.)

(Note: Approval to Relocate/Demolish this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

MOTION NO. 99/9

Moved by Councillor B. Monette

Seconded by Councillor R. Bloess

THEREFORE BE IT RESOLVED THAT the Ottawa Built Heritage Advisory Committee resolution be changed to read “that Council sitting as Committee of the Whole recommend that Council approve the staff recommendations.”

CARRIED

Pursuant to Motion No. 99/9, the staff recommendations contained in the report Relocation of the Horticulture Building, A Property Designated Under Part IV of the Ontario Heritage Act (By-Law 8-1994), were then put to Committee of the Whole and divided for voting purposes, as follows:

Recommendation 2 CARRIED with Councillor C. Doucet dissenting.

Recommendations 1 and 3 CARRIED on a division of 13 YEAS to 7 NAYS as follows:

YEAS (13): Councillors R. Jellett, R. Bloess, M. McRae, G. Hunter, S. Desroches, E. El‑Chantiry, S. Qadri, P. Hume, B. Monette, D. Thompson, M. Wilkinson, R. Chiarelli and Mayor O’Brien.

NAYS (7): Councillors G. Bédard, D. Holmes, C. Leadman, C. Doucet, P. Feltmate, A. Cullen and J. Legendre.

PLANNING AND ENVIRONMENT COMMITTEE REPORT 76A

1. MOTION – USE OF HORTICULTURE BUILDING AS A YEAR-ROUND FARMERS’ MARKET

MOTION – Que l’ÉDIFICE DE L’HORTICULTURE serve de marché de producteurs AGRICOLES toute l’année durant

COMMITTEE RECOMMENDATIONS

That Council sitting as Committee of the Whole recommend Council consider the following motion during its deliberations on the Lansdowne Park Phase 1 Site Plan:

“Be it resolved that the horticulture building be used as a year round farmer’s market.”

CARRIED with Councillor G. Hunter dissenting.

MOTION NO. 99/10

Moved by Councillor R. Bloess

Seconded by Councillor M. McRae

That the Committee of the Whole rise and report to City Council on matters related to Recommendations 3, 4, 5, 6, 7 and 8 of the report from the Deputy City Manager, Infrastructure Services and Community Sustainability entitled “Site Plan Control – Integrated Site Plan – Lansdowne Partnership Plan” (as per the Council direction of 28 June 2010); the report from the Ottawa Built Heritage Advisory Committee entitled “Relocation of the Horticultural Building, a Property Designated Under Part IV of the Ontario Heritage Act (By-Law 8-1994)” and Planning and Environment Committee Report 76A, Item 1, Motion – Use of Horticulture Building As A Year-Round Farmers’ Market.

CARRIED

IN COUNCIL

MOTION NO. 99/11

Moved by Councillor R. Bloess

Seconded by Councillor M. McRae

That Council adopt the report of the Committee of the Whole.

CARRIED with the exception of Planning and Environment Committee Report 76A, Item 1, Motion – Use of Horticulture Building as a Year-Round Farmers’ Market and with Councillors J. Legendre, A. Cullen and C. Doucet dissenting.

Council’s disposition of Planning and Environment Committee Report 76A, Item 1, is set out below.

PLANNING AND ENVIRONMENT COMMITTEE REPORT 76A

1. MOTION – USE OF HORTICULTURE BUILDING AS A YEAR-ROUND FARMERS’ MARKET

MOTION – Que l’ÉDIFICE DE L’HORTICULTURE serve de marché de producteurs AGRICOLES toute l’année durant

COMMITTEE RECOMMENDATIONS

That Council sitting as Committee of the Whole recommend Council consider the following motion during its deliberations on the Lansdowne Park Phase 1 Site Plan:

“Be it resolved that the horticulture building be used as a year round farmer’s market.”

MOTION NO. 99/12

Moved by Councillor G. Hunter

Seconded by Councillor R. Bloess

THEREFORE BE IT RESOLVED THAT Planning and Environment Report 76A, Item #1 “Motion – Use of Horticulture Building as a year-round farmers’ market” be tabled.

TABLING CARRIED with Councillor C. Doucet dissenting.

Postponements and Deferrals

CITY COUNCIL – 6 OCTOBER 2010

Motions of Which Notice has been Given Previously

MOTION NO. 98/9

Moved by Councillor M. Wilkinson

Seconded by Councillor C. Doucet

WHEREAS the South March Highlands is a unique old growth forest landscape identified as a priority ecological protection area by the City’s Greenspace Master Plan ; and

WHEREAS lands in the South March Highlands in the vicinity of the lands designated for development north of the Beaver Pond (Phase 9) have been rated as the most environmentally significant in the entire urban area of Ottawa: and

WHEREAS permitting the clear cutting of about 74 acres of land followed by blasting would completely destroy the ecological value of these lands; and

WHEREAS as a G8 capital city the City of Ottawa should be leading the country in creating an ecological reserve on such sensitive lands; and

WHEREAS the NCC will be presenting three scenarios on the future of the Greenbelt to the public in December for comment and at least one of these will include the South March Highlands; and

WHEREAS this unique old growth forest, is a wilderness environment that includes many endangered and at risk species, identified after the plan of subdivision was approved, that is located within the boundaries of the urban area and is accessible by public transit providing an excellent opportunity for eco-tourism and environmental education; and

WHEREAS there is an opportunity to consider these lands as a key component to a Nature Park which could showcase this venerable old-growth forest, archaeology, wetland complexes, and wildlife of this wilderness area in ways that will draw

visitors to our City; and

WHEREAS the community has undertaken to assist with raising funds with donations from the community and environmental groups which can be used to offset some of the costs of acquiring these lands and has also prepared a Stewardship Plan for managing the lands at no cost to the City; and

WHEREAS the educational and research opportunities for the area have support from a wide number of groups from all parts of the City as well as from within the local community; and

WHEREAS additional time is needed to solicit contributions from individuals, foundations and governments; and

WHEREAS an amendment to the conditions of draft approval are appropriate to provide this additional time to ensure that the old growth forest is preserved; and

WHEREAS the South March Highlands has two ANSI designations (Provincially Significant Area of Natural or Scientific Interest) putting it in the same designation as Algonquin Park and ahead of any other protected landscape in Ottawa;

THEREFORE BE IT RESOLVED THAT the City of Ottawa seek to obtain these lands as an ecological reserve in the City through a negotiated purchase and/or land exchange, in partnership with the community, charitable foundations and government agencies, and

BE IT FURTHER RESOLVED THAT the approval of an agreement of purchase and sale by the City requires further authorization by City Council, and

BE IT FURTHER RESOLVED THAT any funds obtained now or in the future from other sources for the purpose of acquiring the Beaver Pond lands be used to eliminate or reduce any potential cost to the City of Ottawa; and

BE IT FURTHER RESOLVED THAT the delegated authority with respect to the KNL Plan of Subdivision be removed and a new condition inserted so that no destruction or removal of trees be permitted prior to Council’s final approval of the 2011 budget.

BE IT FURTHER RESOLVED THAT the staff be directed to bring forward a report to Council to amend the City of Ottawa official plan and zoning by-law so as to designate and zone these lands for Environmental Protection lands;

BE IT FURTHER RESOLVED THAT City Staff re-evaluate lands that could have been designated as urban natural features but were not considered due to planning decisions on those lands and report back through the Planning and Environment Committee to ensure that no other situation similar to that with the Beaver Pond lands occurs in the future.

MOTION NO. 98/10

Moved by Councillor D. Thompson

Seconded by Councillor P. Hume

1. That Motion No. 98/9 be deferred to the November Special Council Meeting and at that meeting staff present a report that outlines a strategy to acquire the 72.9 acres of the Phase 9 development of the KNL lands by the following measures:

a) Re-alignment of present and future development phases;

b) Land exchange, including the Kanata Town Centre lands

2. That Staff present the cost of acquiring any residual lands via a financial transaction;

3. That the report include servicing plans for future phases based on the potential acquisitions; and

4. That Council request that the owner agree to allow the land to remain in its current condition so that Council can consider the Staff report at its November Special Meeting.

DEFERRAL CARRIED

CITY COUNCIL – 19 and 22 NOVEMBER 2010

MOTION NO. 99/13

Moved by Councillor M. Wilkinson

Seconded by Councillor P. Hume

WHEREAS Council on September 8, 2010 approved the following motion ” that Council approve the acquisition of a corridor from the KNL Lands to connect the Beaver Pond lands to Trillium Woods to provide the Community with a direct connection to the future Kanata North Recreation Complex, in accordance with the general parameters outlined in Document 1 to Motion 94/25” and

WHEREAS KNL has by their letter of November 17, 2010 confirmed that approximately 10 acres of lands within phase 8 of the KNL subdivision could be moved to the lands north of the Beaver Pond, in a mutually acceptable location, to provide such access in a no cost land exchange;

THEREFORE BE IT RESOLVED that Council approve the no-cost transfer of open space lands from phase 8 to phase 9 of the KNL subdivision to provide a natural access from the Beaver Pond lands to Trillium Woods; and

BE IT FURTHER RESOLVED that City staff in consultation with the Ward Councillor and KNL, determine the specific location of the land exchange such that there is no additional servicing or other costs incurred; and

BE IT FURTHER RESOLVED that no destruction or removal of trees be permitted prior to finalization of the location of the land exchange.

CARRIED

MOTION NO. 99/14

Moved by Councillor M. Wilkinson

Seconded by Councillor C. Doucet

WHEREAS the South March Highlands is a unique old growth forest landscape identified as a priority ecological protection area by the City’s Greenspace Master Plan ; and

WHEREAS lands in the South March Highlands including those designated for development north of the Beaver Pond (Phase 9) have been rated as the most environmentally significant in the entire urban area of Ottawa: and

WHEREAS permitting the clear cutting of 72.9 acres of land followed by blasting would completely destroy the ecological value of these lands; and

WHEREAS as a G8 capital city the City of Ottawa should be leading the country in creating an ecological reserve on such sensitive lands; and

WHEREAS section 2.0 of the Ontario Provincial Policy Statement identifies that “Ontario’s long-term prosperity, environmental health, and social well-being depend on protecting natural heritage and archaeological resources for their economic, environmental, and social benefits;” and

WHEREAS section 2.1 the Ontario Provincial Policy Statement specifically directs that “ The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features, areas, surface water features, and ground water features.” ; and

WHEREAS the NCC will be presenting three scenarios on the future of the Greenbelt to the public early in 2011 for comment and at least one of these will include the South March Highlands; and

WHEREAS there is an opportunity to consider these lands as a key component to a Nature Park which could showcase this venerable old-growth forest, archaeology, wetland complexes, and wildlife of this wilderness area in ways that will draw visitors to our City, details of which are being studied by Ottawa Tourism; and

WHEREAS the Algonquin First Nation’s most senior Elder, Grandfather William Commanda, has declared the South March Highlands to be an “ancient and sacred site for the Indigenous people of the Ottawa River Watershed”; and

WHEREAS section 2.6 of the Provincial Policy Statement directs that “Significant cultural heritage landscapes shall be conserved”; and

WHEREAS the educational, research and educational opportunities for the area have support from a wide number of groups from all parts of the City, including Carleton University, as well as from within the local community; and

WHEREAS the South March Highlands has candidate ANSI designations (Provincially Significant Area of Natural or Scientific Interest) putting it in the same designation as Algonquin Park and ahead of any other protected landscape in Ottawa;

THEREFORE BE IT RESOLVED THAT the 2006-2010 Council of the City of Ottawa recommend to the 2010-2014 Council that it seeks to obtain the lands remaining lands in Phase 9 of the KNL subdivision remaining after the trade of approximately 10 acres, as an ecological reserve in the City of Ottawa; and

BE IT FURTHER RESOLVED THAT Council recommend that every effort be made to have this dealt with by Council in December, 2010 in order to minimize any delay to KNL in dealing with this issue; and

BE IT FURTHER RESOLVED THAT staff in consultation with the Ward Councillor negotiate an agreement of purchase and sale and provide the 2010-2014 Council with a plan to pay for the acquisition of this land and associated costs through a variety of measures that would ensure that the cost of such acquisition not be on the city wide tax rate for presentation to Council at the December meeting; and

BE IT FURTHER RESOLVED THAT no destruction or removal of trees be permitted prior to the 2010-2014 Council deliberation on acquisition of the remaining lands in Phase 9 of the KNL subdivision.

CARRIED on a division of 13 YEAS to 8 NAYS as follows:

YEAS (13): Councillors G. Bédard, R. Jellett, D. Deans, D. Holmes, E. El-Chantiry, C. Leadman, S. Qadri, C. Doucet, P. Feltmate, M. Wilkinson, R. Chiarelli, A. Cullen and J. Legendre.

NAYS (8): Councillors J. Harder, R. Bloess, G. Hunter, S. Desroches, P. Hume, B. Monette, D. Thompson and Mayor O’Brien.

DEPUTY CITY MANAGER, INFRASTRUCTURE SERVICES AND COMMUNITY SUSTAINABILITY’S REPORT

1. Staff Response to Council Motion on Acquisition of Phase 9 KNL Lands

réponse du personnel à la motion du conseil concernant l’acquisition de terrains de KNL developments Ltd visés par L’étape 9 d’aménagement

REPORT RECOMMENDATIONS

That Council receive this report for information.

RECIEVED

COMMITTEE REPORTS

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 60

1. CRIME PREVENTION OTTAWA –ACTION REPORT 2009-2010

PRÉVENTION DU CRIME OTTAWA – RAPPORT D’ACTION 2009-2010

Committee Recommendation

That Council receive this report for information.

RECEIVED

2. SUPPORT FOR A NATIONAL INDIGENOUS CENTRE ON VICTORIA ISLAND

SOUTIEN EN VUE D’UN CENTRE AUTOCHTONE NATIONAL SUR L’ÎLE VICTORIA

Committee Recommendation

That Council support a National Indigenous Centre in the Nation's Capital, and to encourage the Federal Government to work with stakeholders (First Nations, Province of Ontario, etc.) to establish a National Indigenous Centre on Victoria Island.

CARRIED

PLANNING AND ENVIRONMENT COMMITTEE REPORT 79

1. APPLICATION FOR PERMISSION TO DEMOLISH A ONE-STOREY SERVICE CENTRE AND TO CONSTRUCT AN APARTMENT BUILDING IN THE CENTRETOWN HERITAGE CONSERVATION DISTRICT AT 435 GLADSTONE AVENUE

DEMANDE DE PERMISSION DE DÉMOLIR UN CENTRE DE SERVICES D’UN ÉTAGE ET DE CONSTRUIRE UN IMMEUBLE RÉSIDENTIEL AU 435, AVENUE GLADSTONE, DANS LE DISCTRICT DE CONSERVATION DU PATRIMOINE DU CENTRE-VILLE

COMMITTEE RECOMMENDATIONS

That Council:

1. Approve the application for permission to demolish a one-storey service centre and for new construction at 435 Gladstone Avenue in accordance with the plans by M. David Blakley, submitted by Stantec Consulting Ltd., received on October 4, 2010. Approve the application for new construction at 435 Gladstone Avenue in accordance with the plans by M. David Blakley, submitted by Stantec Consulting Ltd., received on October 4, 2010.

2. Issue the Heritage Permit with a two-year expiry date from the date of issuance.

3. Delegate authority for minor design changes to the General Manager of the Planning and Growth Management Department.

(Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on January 2, 2011.)

CARRIED

2. ZONING – 164 JEANNE MANCE STREET

ZONAGE – 164, RUE JEANNE MANCE

COMMITTEE RECOMMENDATION

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 164 Jeanne Mance Street from Residential Fourth Density Subzone [R4O] to Minor Institutional Subzone [I1A].

CARRIED

3. ZONING – PART OF 2484 TRIM ROAD

ZONAGE – PARTIE DU 2484, CHEMIN TRIM

COMMITTEE RECOMMENDATION

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of Part of 2484 Trim Road from DR Development Reserve and AG Agricultural to Residential – R3YY Exception Zone XX and O1 Open Space, as shown in Documents 1 and 2 and as detailed in Document 3.

CARRIED

4. ZONING – 5370 CANOTEK ROAD

ZONAGE – 5370, CHEMIN CANOTEK

COMMITTEE RECOMMENDATION

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 5370 Canotek Road by amending Exception [293] as detailed in Document 2.

CARRIED

5. ZONING – 2411 PAGÉ ROAD

ZONAGE – 2411, CHEMIN PAGÉ

COMMITTEE RECOMMENDATION

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of a part of 2411 Page Road from Residential First Density Zone, Subzone WW (R1WW) to Residential First Density, Subzone WW - Exception Zone (R1WW - [XXXX]) as shown in Document 1 and as detailed in Document 2.

CARRIED

6. ZONING – 154 O’CONNOR STREET

ZONAGE – 154, RUE O’CONNOR

COMMITTEE RECOMMENDATION

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 154 O’Connor Street from R5B[482] F(3.0) (Residential Fifth Density Subzone B, Exception 482, Floor Space Index 3.0) to R5B[xxxx] F(3.0) (Residential Fifth Density Subzone B, Exception xxx, Floor Space Index 3.0) to permit a restaurant and to permit a commercial parking lot as a temporary use for a period of three years, as shown in Document 1, and as detailed in Document 2.

CARRIED

7. ZONING – 6060 RENAUD ROAD

ZONAGE – 6060, CHEMIN RENAUD

COMMITTEE RECOMMENDATION

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 6060 Renaud Road from Development Reserve, (DR) to Residential First Density, Subzone WW (R1WW), as shown in Document 1 and detailed in Document 2.

CARRIED

8. ZONING - 1200 ST. LAURENT BOULEVARD AND 500, 525 AND 535 COVENTRY ROAD

ZONAGE - 1200, BOULEVARD ST-LAURENT ET 500, 525 ET 535, CHEMIN COVENTRY

COMMITTEE RECOMMENDATIONS

That Council approve:

1. An amendment to the Zoning By-law 2008-250 to change the zoning of 1200 St. Laurent Boulevard from GM24 [89] F(1.0) H(25), General Mixed Use zone to a new GM24 [1787] F(1.0) S263, General Mixed Use zone, as detailed in Document 2 and shown in Documents 3 and 4;

2. An amendment to the Zoning By-law 2008-250 to change the zoning of 500 Coventry Road from IL [280] H(11) to a new GM24[1787] F(1.0) S263-h1, General Mixed Use zone, as detailed in Document 2 and shown in Documents 3 and 4; and

3. An amendment to the Zoning By-law 2008-250 to change the zoning of 525 Coventry Road from IL [281] H(11), and 535 Coventry Road from and IL H(11) both to a new GM24[1787] F(1.0) S263-h2, General Mixed Use zone, as detailed in Document 2 and shown in Documents 3 and 4.

CARRIED

9. STREET NAME CHANGE – HARTHILL WAY

CHANGEMENT DE NOM DE RUE – VOIE HARTHILL

COMMITTEE RECOMMENDATIONS

That Council enact a By-law to change the name of portions of the street named Harthill Way as follows and as shown in Document 1:

(a) Parts 7, 11, 21 and 25 on Plan 4R-23525 from “Harthill Way” to “Broxburn Crescent”;

(b) Parts 9 and 23 on Plan 4R-23525 from “Harthill Way” to “Kippen Place”; and

(c) Part 13 and 19 on Plan 4R-23525 from “Harthill Way” to “Fraser Fields Way”.

CARRIED

10. drinking water Quality Management System Annual report FOR 2009

Rapport annuel 2009 du système de gestion de la qualité de l’eau potable

COMMITTEE RECOMMENDATION

That Council receive the 2009 Drinking Water Quality Management System Annual Report.

CARRIED

11. 24 JULY, 2009 west end flooding action plan – status update

PLAN D’ACTION POUR LES INONDATIONS DU 24 JUILLET 2009 DANS LA PARTIE OUEST DE LA VILLE – RAPPORT DE SITUATION

COMMITTEE RECOMMENDATIONS, AS AMENDED

That Council receive this report for information, and approve:

1. That Environmental Services staff be instructed to:

a) Prepare a policy on debris in creeks, drainage ditches and other drainage courses to balance water quality and water flow concerns; and

b) Co-ordinate efforts of staff in other departments and branches, as well as external agencies, to keep creeks, drainage ditches and other drainage courses free of unnecessary debris; and

c) Report back to Planning and Environment Committee on what has been put in place.

2. That Environmental Services launch a public awareness campaign on drainage issues including the role that surface accumulation of water during heavy rainfall events, the need to not remove manhole covers when water accumulates on the surface and what level of debris is acceptable or even helpful.

CARRIED

PLANNING AND ENVIRONMENT COMMITTEE REPORT 79A

1. ZONING - 90 RICHMOND ROAD, 114 RICHMOND ROAD AND 380 LEIGHTON TERRACE

ZONAGE – LE 90 ET LE 114 DU CHEMIN RICHMOND AINSI QUE LE 380 DE LA TERRASSE LEIGHTON

COMMITTEE RECOMMENDATIONS, AS AMENDED

That Council approve an amendment to Zoning By-law No. 2008-250 to change the zoning of 90 Richmond Road, 114 Richmond Road and 380 Leighton Terrace from Minor Institutional (I1A), Traditional Mainstreet (TM[83] H(15)) and Residential First Density (R1MM[762]), to a Traditional Mainstreet Exception zone with a Schedule and holding symbol (TM[1763] S256-h), and a Residential Fifth Density Subzone B Exception zone with a Schedule and holding symbol (R5B[1763] S256-h), to permit a Mixed Use and Residential Development, as shown in Document 1 and Detailed in Documents 2 and 3, as amended by the following:

1. That the zoning be amended to provide the following conditions to the holding zone:

a. No development shall be permitted on the lands outlined in black on Document 1 (Map A), until Council has considered a report to impose a special rate to permit the acquisition of such land, less land taken as parkland under the Planning Act, section 42;

b. If Council has not approved the acquisition of the lands outlined in black , less lands to be acquired under section 42, and a special rate to permit the acquisition by 31 March 2011 this provision will be deemed to be void and of no effect

c. If Council has approved the acquisition of the lands outlined in black, less lands to be acquired under section 42, and the special rate by 31 March 2011, this provision shall remain in effect until 31 March 2014;

2. The determination of the special rate take into account the possibility of using funds from amounts contributed in Kitchissippi Ward to cash-in-lieu of Parkland, other than funds directed towards City Wide purposes.

3. The City take Parkland, and not cash-in-lieu of parkland, in respect of this development and that such parkland be adjacent to the Byron Linear Strip.

4. That the Report Recommendation be amended by inserting after the text “(TM[1763] S256-h)” the text “Parks and Open Space Exception Zone with a Schedule and holding symbol (O1[1763]; and

5. That Document 1 be replaced with the attached Location Map (Map B); and

6. That Document 3 be amended by replacing the first two sentences after the heading “Proposed Changes to the Comprehensive Zoning By-law” with the text:

“The subject properties are to be rezoned from I1A, TM[83] H(15) and R1MM[762] to TM[1763] S256-h, O1[1763] S256-h and a R5B[1763] S256-h as shown on Document 1.

A new Exception, TM[1763] S256-h, O1[1763] S256-h and R5B[1763] S256-h, is added to Section 239 and will include in effect, the following:”

7. That Document 3 be amended by deleting from the ninth provision under the heading “Provisions of Column V” the words “all uses” and replace with the words “all retirement homes” so that the provision would read:

“The maximum permitted total cumulative number of parking spaces, including required visitor parking, for all retirement homes located within the R5B[1763] S256 zone, is 65.”

8. That access for development not be permitted across the Byron Linear Strip and adjacent Parkland.

9. That there be no further notice pursuant to Section 34 (17) of the Planning Act.

And that Council:

10. Endorse the Revised Statement of Cultural Heritage Value attached as Document 1;

11. Should Document 1 also be endorsed by the Conservation Review Board, authorize the enactment of a by-law to designate the property at 114 Richmond on the basis of Document 1.

CARRIED with Councillors C. Doucet and C. Leadman dissenting.

2. SIDEWALK REQUIREMENT DELETION - APPLECROSS CRESCENT

SUPPRESSION DE L’OBLIGATION D’AMÉNAGER UN TROTTOIR SUR LE CROISSANT APPLECROSS

Committee recommendation

That Council approve the deletion of the requirement for a sidewalk to be constructed by Tenth Line Developments Inc. on the North side of Applecross Crescent within the Briar Ridge Phase 2 Subdivision Plan.

CARRIED

TRANSPORTATION COMMITTEE REPORT 43

1. REQUEST FOR TEMPORARY OUTDOOR PATIO ENCROACHMENT - 180 MACLAREN STREET

demande d’empiètement temporaire pour une terrasse extérieure – 180, rue MacLaren

Committee Recommendation

That Council approve waiver of the residential encroachment provisions of By-law-446 to allow for an outdoor patio at 180 MacLaren Street as outlined in this report, as amended to ensure that the patio close at 11:00 p.m. and that there be no outdoor sound amplification.

CARRIED on a division of 16 YEAS to 6 NAYS as follows:

YEAS (16): Councillors G. Bédard, J. Harder, R. Jellett, R. Bloess, M. McRae, D. Deans, S. Desroches, E. El-Chantiry, C. Leadman, S. Qadri, P. Hume, B. Monette, D. Thompson, M. Wilkinson, R. Chiarelli and Mayor O’Brien.

NAYS (6): G. Hunter, D. Holmes, C. Doucet, P. Feltmate, A. Cullen and J. Legendre.

2. LEITRIM ROAD REALIGNMENT ENVIRONMENTAL ASSESSMENT - RECOMMENDED PLAN

ÉVALUATION ENVIRONNEMENTALE DE LA MODIFICATION DU TRACÉ DU CHEMIN LEITRIM - PLAN RECOMMANDÉ

Committee RecommendationS

That Council:

1. Concur in the filing of an Environmental Assessment for the southerly realignment of Leitrim Road between approximately Bank Street and Hawthorne Road;

2. Direct staff to prepare a land exchange agreement, subject to the completion of the Environmental Assessment process, the outcome of such agreement to be submitted to Committee and Council for approval.

CARRIED

3. Waiver to the use and care OF ROADS by-law 2003-498 - 1357 baseline road

EXEMPTION AU RÈGLEMENT 2003-498 SUR L’ENTRETIEN ET L’UTILISATION DES ROUTES – 1357, CHEMIN BASELINE

Committee Recommendation

That Council approve the waiver of Section 3(1)(q) of the Use and Care of Roads By-Law 2003-498 for 1357 Baseline Road.

CARRIED

4. FORMER LRT CORRIDOR IN BARRHAVEN AND INTERSECTING ROAD NETWORK - MOTION

ANCIEN COULOIR DE TLR À BARRHAVEN ET RÉSEAU ROUTIER TRANSVERSAL - MOTION

Committee RecommendationS

That Council approve:

1. That staff report back to Transportation Committee with the following:

- options for introducing effective traffic controls at the problematic intersections;

- the legal risks to the City of Ottawa for cancelling traffic lights at these intersections and allowing the intersections to operate without traffic controls;

- revised plans for the future and yet-to-be built intersections in the area;

- options for maintaining the median and potential opportunities for tree planters while the median corridor is un-used; and

- options for financing the work.

2. That staff consult with the principal builder for the area on transportation and median maintenance options and partnership opportunities.

CARRIED

MOTION NO. 99/15

Moved by Councillor R. Bloess

Seconded by Councillor M. McRae

That the Report from the Committee of the Whole respecting recommendations 3, 4, 5, 6, 7 and 8 of the report from the Deputy City Manager, Infrastructure Services and Community Sustainability entitled “Site Plan Control – Integrated Site Plan – Lansdowne Partnership Plan”, and the report from the Ottawa Built Heritage Advisory Committee entitled “Relocation of the Horticultural Building, a Property Designated Under Part IV of the Ontario Heritage Act (By-Law 8-1994)”; “Staff Response to Council Motion on Acquisition of Phase 9 KNL Lands”, Community and Protective Services Committee Report 60, Planning and Environment Committee Report 79 and Transportation Committee Report 43; be received and adopted as amended.

CARRIED

By-laws Three Readings

MOTION NO. 99/16

Moved by Councillor R. Bloess

Seconded by Councillor M. McRae

2010-343 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes. (Nautica Private)

2010-344 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes. (Brockington Crescent)

2010-345 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes. (Madeleine Meilleur Private)

2010-346 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Cyd Street).

2010-347 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes (March Road).

2010-348 A by-law of the City of Ottawa to change the name of portions of Harthill Way, a municipal highway in the City of Ottawa, to Broxburn Crescent, Kippen Place and Fraser Fields Way.

2010-349 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 125 Hickory Street.

2010-350 A by-law of the City of Ottawa to designate certain lands at 928, 942 and 954 Klondike Road as being exempt from Part Lot Control.

2010-351 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 1200 St. Laurent Blvd, 500, 525 and 532 Coventry Road.

2010-352 A by-law to dedicate a portion of the Longfields Drive extension.

2010-353 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Canadian Shield Avenue, Cordillera Street).

2010-354 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to amend technical anomalies and make minor corrections.

2010-355 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 2484 Trim Road.

2010-356 A by-law of the City of Ottawa to designate certain lands at 100, 102, 104, 106, 108, 118, 128 and132 Spartina Street as being exempt from Part Lot Control.

2010-357 A by-law of the City of Ottawa to designate certain lands at 540, 555, 578, 608, 613 Pepperville Crescent and 800 and 801 Tabaret Street as being exempt from Part Lot Control.

2010-358 A by-law of the City of Ottawa to designate certain lands at 632, 644 and 649 Pepperville Crescent as being exempt from Part Lot Control.

2010-359 A by-law of the City of Ottawa to designate certain lands at 761 to 845 Percifor Way as being exempt from Part Lot Control.

2010-360 A by-law of the City of Ottawa to designate certain lands at 768, 770, 772 and 774 Cedar Creek Drive as being exempt from Part Lot Control.

2010-361 A by-law of the City of Ottawa to designate certain lands at 200 to 218 (even), 201 to 219 (uneven), 328 to 354 (even), 329 to 357 (uneven), 356 to 368 (even), 359 to 381 (uneven) and 383 to 405 (uneven) Rolling Meadow Crescent as being exempt from Part Lot Control.

2010-362 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 2411 Page Road.

2010-363 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 5370 Canotek Road.

2010-364 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 6060 Renaud Road.

2010-365 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 154 O’Connor Street.

2010-366 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 164 Jeanne Mance Street.

2010-367 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 90 and 114 Richmond Road and 380 Leighton Terrace.

2010-368 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to amend technical anomalies and make minor corrections.

CARRIED

Confirmation By-law

MOTION NO. 99/17

Moved by Councillor R. Bloess

Seconded by Councillor M. McRae

THAT By-law 2010-369 to confirm the proceedings of Council be enacted and passed.

CARRIED

Adjournment

Council adjourned the meeting at 4:10 p.m. on Monday, 22 November 2010 with the following Members present:

Councillors G. Bédard, J. Harder, R. Jellett, R. Bloess, M. McRae, D. Deans, G. Hunter, S. Desroches, D. Holmes, E. El-Chantiry, C. Leadman, S. Qadri, P. Hume, B. Monette, P. Feltmate, D. Thompson, M. Wilkinson, R. Chiarelli, A. Cullen, J. Legendre and Mayor O’Brien.


CITY CLERK		MAYOR