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.


Report to/Rapport au :

 

Planning Committee

Comité de l’urbanisme

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

 

Capital/Capitale (17)

Ref N°: ACS2011-CMR-PLC-0022

 

 

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

 

 

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.

 

RECOMMANDATIONS DU RAPPORT

 

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.

 

 

BACKGROUND

 

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.

 


DISCUSSION

 

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.   

 

 

RURAL IMPLICATIONS

 

There are no Rural Implications associated with this report.

 

 

CONSULTATION

 

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.

 

 

LEGAL IMPLICATIONS

 

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.  

 

 

RISK MANAGEMENT IMPLICATIONS

 

No risk management implications have been identified.

 


CITY STRATEGIC PLAN

 

No Strategic Plan implications have been identified.

 

 

TECHNICAL IMPLICATIONS

 

No technical implications have been identified.

 

 

FINANCIAL IMPLICATIONS

 

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.

 

 

ACCESSIBILITY IMPLICATIONS

 

There are no accessibility implications associated with this report.

 

 

SUPPORTING DOCUMENTATION

 

Document 1: Map of the Bank Street Community Design Plan Study Area

 

 

DISPOSITION

 

Staff to implement the direction of Committee and Council.


Document 1

Interim Control


 

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.