5. OUTDOOR ENTERTAINMENT FACILITIES
IN THE BANK STREET COMMUNITY DESIGN PLAN INSTALLATIONS DE DIVERTISSEMENT EXTÉRIEURES DANS LE
PLAN DE CONCEPTION COMMUNAUTAIRE DE LA RUE BANK |
Committee
recommendationS as amended
That Council approve:
1. That the Bank Street Community Design
Plan study be directed to include an examination of the impacts of outdoor
entertainment facilities upon adjacent land uses.
2. That the report on the Bank Street
Community Design Plan be submitted to Planning Committee no later than the
meeting of Planning Committee in March, 2012
3. In accordance with the Planning Act, Section 38, all outdoor entertainment facilities be
prohibited within the Kaladar area, as described above, until such time as
indicated below subject to the Bank Street Community Design Plan Study, such
area as set forth in Attachment 1 to this motion, until April 26th, 2012.
RecommandationS MODIFIÉES DU Comité
Que le Conseil:
1.
ordonne que l’étude
sur le Plan de conception communautaire de la rue Bank comprenne un examen de
l’incidence des installations de divertissement extérieures sur l’utilisation
des sols pour les propriétés adjacentes;
2.
ordonne le rapport
sur le Plan de conception communautaire de la rue Bank soit soumis au Comité de
l’urbanisme au plus tard à la date de la réunion du mois de mars 2012 du
Comité;
3. interdit, aux termes de l’article 38
de la Loi sur l’aménagement du territoire,
toutes les installations de divertissement extérieures dans le secteur Kaladar
décrit ci-dessus et indiqué à l’annexe 1 de la présente motion jusqu’au 26
avril 2012, sous réserve de l’étude sur le Plan de conception communautaire de
la rue Bank.
Documentation
1.
Councillor
D. Chernushenko's report, Capital, Ward 17, dated 8 November 2011 (ACS2011-CMR-PLC-0022).
2. Extract of
Draft Minutes, Planning Committee meeting of 22 November 2011.
and Council / et au
Conseil
8 November 2011 / le 8 novembre 2011
Submitted by/Soumis par : David Chernushenko, Councillor/Conseiller
Capital/Capitale
(17)
Contact Person/Personne ressource : David Chernushenko, Councillor /
Conseiller
Ward / quartier 17
613-580-2487, David.Chernushenko@ottawa.ca
SUBJECT:
|
OUTDOOR
ENTERTAINMENT FACILITIES IN THE BANK STREET COMMUNITY DESIGN PLAN |
|
|
OBJET :
|
INSTALLATIONS DE DIVERTISSEMENT EXTÉRIEURES
DANS LE PLAN DE CONCEPTION COMMUNAUTAIRE DE LA RUE BANK |
That Planning
Committee recommend Council approve:
1. That
the Bank Street Community Design Plan study be directed to include an
examination of the impacts of outdoor entertainment facilities upon adjacent
land uses.
2. That
the report on the Bank Street Community Design Plan be submitted to Planning
Committee no later than the meeting of Planning Committee in March, 2012
3. That,
in accordance with the Planning Act, section
38, all outdoor entertainment facilities be prohibited within the area subject
to the Bank Street Community Design Plan Study, such area as set forth in
Attachment 1 to this motion, until April 26th, 2012.
Que le Comité de l’urbanisme recommande au Conseil :
1.
D’ordonner que
l’étude sur le Plan de conception communautaire de la rue Bank comprenne un
examen de l’incidence des installations de divertissement extérieures sur
l’utilisation des sols pour les propriétés adjacentes;
2.
Que le rapport sur
le Plan de conception communautaire de la rue Bank soit soumis au Comité de
l’urbanisme au plus tard à la date de la réunion du mois de mars 2012 du
Comité;
3.
D’interdire, aux
termes de l’article 38 de la Loi sur
l’aménagement du territoire, toutes les installations de divertissement
extérieures dans le secteur visé par l’étude sur le Plan de conception
communautaire de la rue Bank, qui est décrit à l’annexe 1 de la présente
motion, jusqu’au 26 avril 2012.
At the Planning Committee meeting of 8 November 2011, Councillor Hobbs put forward the following Notice of Motion on behalf of Councillor Chernushenko:
WHEREAS the Community Planning and Urban Design Division of the
Planning and Growth Management Department has launched a Community Design Plan
(CDP) for a portion of Bank Street, extending from Riverside Drive to the
Canadian National (CN) rail line located south of Walkley Road;
AND WHEREAS the CDP shall be the policy backbone to manage significant
change in the Bank Street Study Area;
AND WHEREAS the potential future presence of outdoor entertainment
facilities may have a negative impact on adjacent existing land uses;
THEREFORE BE IT RESOLVED THAT Planning Committee recommend to Council
that:
1. The
Bank Street Community Design Plan study be directed to include an examination
of the impacts of outdoor entertainment facilities upon adjacent land uses
2. The
report on the Bank Street Community Design Plan be submitted to Planning
Committee no later than the meeting of Planning Committee in March, 2012
3. In
accordance with the Planning Act, section 38, all outdoor entertainment
facilities be prohibited within the area subject to the Bank Street Community
Design Plan Study, such area as set forth in Attachment 1 to this motion, until
April 26th, 2012.
Planning and Growth Management
Comments
The Community Design Plan (CDP) for Bank Street (Rideau River to the CN Rail line south of Walkley Road) was initiated at the start of 2011. A summary of the process to date as well as the draft directions for the CDP can be found on the City’s web site at: http://www.ottawa.ca/residents/public_consult/bank_cdp/index_en.html
The draft CDP is presently being revised due to input received from the public as well as from a technical circulation. It is anticipated that the results of the study will be presented to Planning Committee at a meeting in Q1 2012. The draft land use direction for the Kaladar area proposes a change from an Industrial to a Mixed-Use area which will permit residential land uses. The final recommendations of the study will include a rationale for all proposed designations and zoning changes.
Staff
are not supportive of the use of Interim Control By-laws for cases such as
this. The Bank CDP will address the issue of the appropriateness of
outdoor Amusement Park uses in the Kaladar area and any proponent for
such uses can input into that process and has the right of appeal should the
use be recommended for removal.
Should Council desire to enact an Interim Control By-law, it is recommended that its scope be limited to the Kaladar area only (the IG1 subzone) as the balance of the study area is comprised of zoning categories which already do not permit an outdoor Amusement Park use.
There are no Rural Implications associated with this report.
The
Consultation process for the CDP can be found in the link identified in the PGM
comments section of this report.
Consultation has been extensive and has included three public Open
Houses (February 16th, June 9th, October 4th)
in 2011. Moving forward, the CDP,
Secondary Plan and implementing Zoning will be presented at a meeting of
Planning Committee in Q1 2012, notice of which will be as per standard practice
for such large studies (all stakeholders to date, web, newspapers, etc).
No specific public consultations were undertaken in the production of the report. Notice of this meeting was advertised on the City’s website as per Section 77(1)(b) of the Procedure By-law.
COMMENTS BY THE WARD COUNCILLOR(S)
Councillor Chernushenko:
The
Bank Street Community Design Plan which will come to this committee and to
council in the coming months (winter/spring 2012), envisages an important shift
in the use of the current light industrial park along Kaladar Avenue.
The
Heron Park community is strongly supportive of redevelopment and
intensification that will add residential units of various types, integrate
well with existing commercial and light industry activities, and improve the
vibrancy of the community by adding shops, greenspace and institutional
services. The community also desires to have traffic calmed, and public transit
emphasized.
There
is concern that in the “gap” months between now and the approval of the CDP,
additional uses such as outdoor entertainment facilities that are not
compatible with this new vision, might be approved and “grandfathered”, thus
undermining the new direction. Facilities that introduce noisy outdoor
activities and additional traffic along residential streets do not fit with
this direction.
This
motion looks to maintain the integrity of the draft Bank Street CDP and protect
the intent of this document and the goals on which it is based until such time
as it can be debated and ultimately passed.
The Planning Act, section 38 permits Council, without notice, to adopt a by-law that prohibits the use of land except for such purposes as are set out in the by-law. The by-law may be adopted for a period of one year and may be extended for one further year. At the time of the adoption of the by-law, Council must provide that a review or study is to take place in respect of the land use policies of the municipality. Where an area has been subjected to an interim control by-law, no further interim control by-law may be adopted for any purpose for that same geographical area for three years after the expiration of the interim control by-law. Should Council adopt the by-law, notice must be given and there is the opportunity to appeal the interim control by-law to the Ontario Municipal Board. Should such occur, it would be necessary to retain an external planner to defend the by-law. It is estimated that the cost of doing so would be $15,000 to $20,000.
No risk
management implications have been identified.
CITY STRATEGIC PLAN
No Strategic Plan implications have been identified.
No technical implications have been identified.
Recommendations 1 and 2 – There are no financial implications.
Recommendation 3 – Should Council adopt the by-law, notice must be given and there is the opportunity to appeal the interim control by-law to the Ontario Municipal Board. Should such occur, it would be necessary to retain an external planner to defend the by-law.
It is estimated that the cost of doing so would be $15,000 to $20,000. Funds are not available within existing resources, and this expense would impact Planning and Growth Management’s operating status.
There
are no accessibility implications associated with this report.
Document 1: Map of the Bank Street Community Design Plan Study Area
Staff to implement the direction of Committee and Council.
Document 1
OUTDOOR
ENTERTAINMENT FACILITIES IN THE BANK STREET COMMUNITY DESIGN PLAN
Installations de
divertissement extérieures dans le Plan de conception communautaire de la rue
Bank
ACS2011-CMR-PLC-0022 Capital/Capitale (17)
REPORT
RECOMMENDATIONS
That
Planning Committee recommend Council approve:
1. That
the Bank Street Community Design Plan study be directed to include an
examination of the impacts of outdoor entertainment facilities upon adjacent
land uses.
2. That
the report on the Bank Street Community Design Plan be submitted to Planning
Committee no later than the meeting of Planning Committee in March, 2012
3. That,
in accordance with the Planning Act,
section 38, all outdoor entertainment facilities be prohibited within the area
subject to the Bank Street Community Design Plan Study, such area as set forth
in Attachment 1 to this motion, until April 26th, 2012.
Committee heard from the following public
delegations:
Maritala Robinson,* Heron Park Community Association, spoke in
support of the proposed Interim Control By-law. A copy of her remarks is held
on file.
Kathy Bergquist* spoke in support of the proposed Interim
Control By-law, speaking to the draft Community Design Plan (CDP)
recommendations for the Kaladar area. A
copy of her remarks is held on file.
*
Presentation and/or comments held on file with the City Clerk.
On behalf of Councillor Chernushenko,
Councillor Hobbs moved the following revised motion to replace the one
contained in the Councillor’s report:
MOTION
NO PLC 24/4
Moved by Councillor K. Hobbs:
WHEREAS
the Community Planning and Urban Design Division of the Planning and Growth
Management Department has launched a Community Design Plan (CDP) for a portion
of Bank Street, extending from Riverside Drive to the Canadian National (CN)
rail line located south of Walkley Road;
AND
WHEREAS the CDP shall be the policy backbone to manage significant change in the
Bank Street Study Area;
AND
WHEREAS the CDP is recommending the zoning for the Kaladar area (bounded by
Heron Rd., Kaladar Ave., Brookfield Rd., and the former CPR Tracks), be amended
to change from the current General Industrial subzone(IG1) to a General
Mixed-use subzone(GM-X) to better reflect today’s conditions and meet the
Official Plan’s intention to intensify housing and employment choices in this
area
AND
WHEREAS the potential future presence of an amusement park including outdoor
entertainment facilities may have a negative impact on adjacent existing land
uses;
THEREFORE
BE IT RESOLVED THAT Planning Committee recommend to Council that:
1. The Bank Street
Community Design Plan study be directed to include an examination of the
impacts of outdoor entertainment facilities upon adjacent land uses
2. The report on the Bank
Street Community Design Plan be submitted to Planning Committee no later than
the meeting of Planning Committee in March, 2012
3. In
accordance with the Planning Act,
section 38, all outdoor entertainment facilities be prohibited within the
Kaladar area, as described above, until such time as indicated below subject to
the Bank Street Community Design Plan Study, such area as set forth in
Attachment 1 to this motion, until April 26th, 2012.
The report recommendations were put to
Committee and CARRIED, as amended.