Memoranda issued by Planning, Development and Building Services

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Information on the publication of memoranda

Memoranda issued by the City of Ottawa’s Senior Leadership Team to all Members of Council and the media will be published here when available. The memoranda are published on an ongoing basis as they become available and will remain online for a period of one year from the date of issuance.  Residents wishing to obtain copies of memoranda that are no longer available online should contact the relevant department through one of the City’s general inquiry processes.

In accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), some attachments have not been proactively disclosed. If you are seeking an attachment that is not available online, please visit ottawa.ca/mfippa for information on filing an access to information request.

Planning related matters and Bill 162, Get It Done Act (June 13, 2024)

To: Mayor and City Council
From: Vivi Chi, P. Eng., Interim General Manager, Planning, Development and Building Services Department
Subject: Planning related matters and Bill 162, Get It Done Act
Date: June 13, 2024

On February 20, 2024, the Province of Ontario introduced Bill 162, Get It Done Act, 2024, an omnibus bill that amends several provincial acts. A memorandum to Council was provided on February 21, 2024.

This memorandum provides an update to Bill 162 where it received royal assent on May 16, 2024, in relation to Ottawa’s Official Plan for maximum building heights on Minor Corridors and the Minister’s original modification that added lands to the Village of Greely.

Minor Corridors

The modifications to increase maximum buildings heights on Minor Corridors by the Minister of Municipal Affairs and Housing on November 4, 2022, are now carried over to the Official Plan as follows:

  • Downtown Minor Corridors: 9 storeys
  • Inner Urban Minor Corridors: 6 storeys
  • Outer Urban Minor Corridors: 6 storeys
  • Suburban Minor Corridors: 7 storeys

These maximum building heights are now in-force and are retroactive to November 4, 2022.

Village of Greely addition

Bill 150, Planning Statute Law Amendment Act, 2023, removed the modification that added 1600 Stagecoach Road to the Village of Greely in the Official Plan. This removal is now further confirmed in Bill 162. However, Bill 162 does not respond to the Council adopted motion moved on February 7, 2024, which requested that the Minister remove the ‘Village Residential’ designation provided in the Village of Greely Secondary Plan through OPA 5, Official Plan Amendment omnibus 1. This Official Plan Amendment intended to implement the Minister’s original modification that added this parcel to the village, which has now been reversed.

With the removal of these lands from the Village of Greely, staff will recommend the lands be removed from the village with a corresponding ‘Rural Countryside’ designation in the next City-initiated Official Plan Amendment omnibus to be consistent with Council’s adoption and the Minister’s approval of the Official Plan for the subject lands.

If you have questions, please contact Royce Fu, Manager, Policy Planning at royce.fu@ottawa.ca.

Sincerely,

Vivi Chi

c.c: City Manager 
Senior leadership team
Planning, Development and Building Services leadership team
Director, Public Information and Media Relations

Amendments to Bill 185, Cutting Red Tape to Build More Homes Act (June 10, 2024)

To: Mayor and members of Council
From: Vivi Chi, P.Eng., Interim General Manager, Planning, Development and Building Services Department
Subject:  Amendments to Bill 185, Cutting Red Tape to Build More Homes Act, 2024
Date: June 10, 2024 

Purpose

The purpose of this memo is to provide Council with an update on the amendments made by the Province to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 prior to receiving royal assent on June 6, 2024.

Background

On April 10, 2024, the Province of Ontario tabled Bill 185, Cutting Red Tape to Build More Homes Act, 2024. Two memos were circulated by the Planning, Development and Building Services Department Interim General Manager to Council summarizing the contents of Bill 185 and the impacts it would have on the City: one on April 26, 2024, discussing the impacts on development charges, and one on May 3, 2024, discussing the impacts from rest of the Bill.
 
The Bill was posted on the Environmental Registry of Ontario’s website for feedback, to which the City submitted comments. Those comments are attached to this memo for reference.

On May 29, 2024, Bill 185 was amended and ordered for Third Reading. The amended Bill received royal assent on June 6, 2024. 

Discussion

The most significant amendment to Bill 185 is regarding Ontario Land Tribunal appeal rights. Under the first draft of the Bill, third party appeal rights were proposed to be eliminated with respect to Planning Act by-laws or development applications. The Bill has since been amended to permit third party appeals, provided that the appellant is the registered owner of land to which the by-law or application would apply and had made written or oral submissions to Council. Currently, the Planning Act stipulates that any person or public body may make a third party appeal to the Ontario Land Tribunal provided they made written or oral submissions to Council, meaning that the only change to the Planning Act made by this amendment is that the appellant must be the registered owner of land to which the by-law or application applies. This means that third party appeals would continue to be permitted for the new Zoning By-law and any future Official Plans or Secondary Plans. 

Despite the amendments to Bill 185’s sections on Ontario Land Tribunal appeals, no amendments were made to the proposal to allow appeals for the refusal or failure to adopt or approve an Official Plan Amendment to expand the urban area or a village boundary. 

A minor amendment was made to Bill 185 regarding the Development Charges Act, which added a special rule for the City of Ottawa stipulating that a development application that was submitted between May 14, 2024, and 15 days following Bill 185 receiving royal assent would be deemed to have been submitted 16 days following Bill 185 receiving royal assent for the purpose of determining the payable amount of development charges. This amendment ensures that any development application submitted after May 14 would be subject to the amended Development Charges Act. This means that any development application submitted after May 14 would not be entitled to a frozen or fixed development charge rate that includes the mandatory phase-in provision.

The only other amendments made to Bill 185 are minor additions to the definition of “specified person” under the Planning Act, which grants appeal rights to those people or groups under certain circumstances. 

Next steps

Planning, Development and Building Services Department staff will prepare an implementation report to address the major impacts to the City as a result of Bill 185.

Original signed by

Vivi Chi

cc: City Manager
Senior leadership team
Planning, Development and Building Services Departmental leadership team
Director, Public Information and Media Relations

Attachment - Comments and letter

May 10, 2024

The Honourable Paul Calandra
Ministry of Legislative Affairs
Main Legislative Building, Queen’s Park
111 Wellesley St. W
Toronto, ON M7A 1A8

Re: City of Ottawa Comments on Bill 185

Dear Minister Calandra,

Thank you for the opportunity to submit comments on Bill 185, Cutting Red Tape to Build More Homes Act, 2024. The City of Ottawa’s comments on Bill 185 are attached to this letter as Document 1. The comments focus only on sections within Bill 185 with which the City of Ottawa has major concerns. We have no issues with any of the amendments that are not referenced in Document 1. 

We would be pleased to discuss this in further detail and to collaborate with our Provincial colleagues on building homes faster. 

Thank you,

Original signed by 

Vivi Chi, P. Eng.
Interim General Manager
Planning, Development and Building Services Department
City of Ottawa 

Document 1

 

Bill 185 Section Summary of Changes City of Ottawa Comments
Schedule 12,  Planning Act
  • s. 4 (2)
  • s. 5 (3) 
  • s. 8 (1) 
  • s. 10 (1)
Municipalities would no longer have the authority to require applicants to engage  in pre-consultation prior to submitting a development application. To meet the prescribed application review timelines (and to avoid the refund of fees) as imposed by Bill 109, More Homes for Everyone Act, the City of Ottawa implemented a three-phase pre-consultation process. The first two phases allowed staff to provide applicants with the list of required materials for the application and high-level feedback on the proposed concept, while phase 3 provided staff an opportunity to review the materials to ensure they were complete and adequate. This ensured that once applications were submitted, staff could make a decision within the prescribed timelines and eliminate the need for re-submissions, and in doing so, speeding up the approvals process. By eliminating the ability to mandate this process, the City of Ottawa is concerned that there will be a higher frequency of inadequate and/or incomplete applications being submitted, causing delays in application review and slower approvals.   The City of Ottawa appreciates the Province’s focus on speeding up the development approvals process and avoiding unnecessary delays during pre-consultation. As such, the City of Ottawa recommends retaining the ability to mandate pre-consultation, but with provisions governing how pre-consultation may be administered. This ensures collaboration between municipalities and applicants while continuing to streamline approvals. Also, more time should be provided in the Bill to allow municipalities to transition to the new preconsultation process without hindering the speed of approvals.
Schedule 12,  Planning Act
  • s. 4 (4)
Applicants would be permitted to appeal Official Plan Amendments for urban  boundary expansions to the Ontario Land Tribunal if the municipal council refuses or  makes no decision on the application. The City of Ottawa is concerned with this proposed amendment. These appeals could lead to lands being added to the urban boundary that undermine the growth management strategy of the Official Plan. The lands may not be  identified in the supporting Infrastructure Master Plan, Transportation Master Plan, or Parks and Recreational Master Plan. The current system for urban area expansion requires a comprehensive review to evaluate the best lands relative to each other, including the factor of affordability in bringing services to the new area. A piecemeal application approach does not provide for consistent evaluation of multiple alternatives. The City of Ottawa recommends that appeals of applications to expand the urban boundary continue to be prohibited.
Schedule 12,  Planning Act
  • s. 7
  • s. 9
The Minister would be authorized to make  regulations to create zoning provisions in order to provide greater permissibility for  ancillary residential units on serviced lots. The City of Ottawa is concerned with this proposed amendment as it would reduce the ability for municipalities to determine appropriate zoning provisions that reflect local contexts. While the City of Ottawa is committed to permitting  three residential dwellings on serviced lots, it is important for the zoning provisions to adequately address site-specific considerations and public input into comprehensive zoning by-laws.
Schedule 12,  Planning Act
  • s. 11
Undertakings by postsecondary institutions would be exempted from the Planning Act. Municipalities use many of their authorities under the Planning Act to ensure that development is consistent with the policies and strategies outlined in their Official Plans, master plans, and municipal by-laws and policies. Exempting  undertakings by post-secondary institutions undermines this ability, especially when no conditions or stipulations are provided. This also eliminates public input into these undertakings, both by exempting them from direct public  consultation and exempting them from the plans and policies that were developed through public consultation.
 

City of Ottawa response on the proposed Provincial Planning Statement (May 10, 2024)

To: Mayor and Members of Council
From: Vivi Chi, P.Eng., Interim General Manager, Planning, Development and Building Services Department
Subject:  City of Ottawa Response on the Proposed Provincial Planning Statement (2024)
Date: May 10, 2024 

Purpose

The purpose of this memo is to provide you with the summary of the City’s detailed comments to the Province on the proposed 2024 Provincial Planning Statement released on April 12, 2024. Comments to the Province are due by May 12, 2024.  

The proposed 2024 Provincial Planning Statement could have implications on the City’s Official Plan, urban boundary expansion, protection of industrial lands, additional farm dwellings and lot creation, and affordable housing. 

Background 

The proposed 2024 Provincial Planning Statement was released by the Ministry of Municipal Affairs and Housing on April 12, 2024, for review and commenting through ERO 019-8462. The 2024 Provincial Planning Statement consolidates the existing 2020 Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe region of Ontario into a single policy document that directs land use planning across Ontario. Under the Planning Act, all planning decisions shall be consistent with the Provincial Planning Statement.  

A previous draft of the Provincial Planning Statement was released for comment by the Province in 2023 (ERO 019-6813). The Province has since revised the document based on feedback received.  

2024 proposed Provincial Planning Statement highlights and changes 

Some of the major impacts of the proposed 2024 Provincial Planning Statement include changes to settlement areas and boundary expansions, employment areas, energy conservation, air quality and climate change, rural areas and residential units, the planning horizon, affordable housing, and natural heritage. 

1. Settlement areas and settlement area boundary expansions 

Like the 2023 Provincial Planning Statement, the 2024 Provincial Planning Statement encourages focusing growth in strategic growth areas within settlement areas, whereas the 2020 Provincial Planning Statement directs growth within settlement areas more generally. In Ottawa, strategic growth areas in the Official Plan are protected major transit areas, hubs, corridors, neighbourhoods, and villages.  

Currently, urban or village expansions are initiated by a municipality through a municipal comprehensive review. The new Official Plan is an example of a municipal comprehensive review. Private amendments with no net increase of urban or village lands may also be considered. The 2024 Provincial Planning Statement proposes that an urban or village expansion can be requested through an Official Plan Amendment by a private landowner or the municipality, and that a municipal comprehensive review would no longer be required.  

Private applications to expand the urban boundary creates a piecemeal approach without the ability to evaluate the best options for future growth.  

Supporting infrastructure and transportation master plans would require continual updates, which would take time and financial resources to achieve. This could compromise established multi-year capital programs.  

Staff will recommend retaining the current approach to require a municipal comprehensive review when evaluating a settlement area expansion so that a coordinated and comparative approach determines the best-fit lands for future growth.  

2. Employment areas (industrial lands) 

The 2024 Provincial Planning Statement would permit the removal of employment areas (i.e., lands designated “industrial and logistics” and “rural industrial and logistics”) via an Official Plan Amendment, which under the 2020 Provincial Planning Statement can only be done through a municipal comprehensive review. The conversion of Industrial and Logistics for housing development would put undue pressure on these already limited land inventories and risks creating incompatible land use conflicts. Further, responding to employment conversions on a per-application basis may require additional staff resources.

The 2024 Provincial Planning Statement proposes to encourage municipalities to permit light industrial uses in strategic growth areas and other mixed-use areas with frequent transit areas.

The Province is already narrowing the scope of employment areas through a new Planning Act definition brought forward through Bill 97 (not yet proclaimed). Given that the future employment lands will be more scoped to exclude certain uses, staff recommend that the remaining employment lands continue to be evaluated through the comprehensive review process.  

Overall, the proposed policies weaken the protection of industrial and related businesses from complaints and incompatibilities to new adjacent sensitive uses, including housing. 

3. Health and well-being 

Similar to the 2023 Provincial Planning Statement draft, the 2024 Provincial Planning Statement proposes to remove references to healthy communities in the vision and the title of Section 1, as well as deletes several policies focused on creating healthy communities.

Given the strong linkage between land use planning decisions, the built environment, and health outcomes, staff will recommend reincorporating and building upon these policies to  include health and well-being in planning decisions.  

4. Energy conservation, air quality and climate change 

Policies pertaining to air quality have been reduced and weakened. This is unchanged from the 2023 draft of the Provincial Planning Statement. Staff will recommend that policies pertaining to air quality and green infrastructure be strengthened in order to protect neighbouring sensitive uses from negative impacts. 

Many references to “preparing for the impacts of a changing climate” throughout the Provincial Planning Statement are proposed to be removed and weakened. Staff are recommending that these references be maintained and further strengthened.  

5. Additional farm dwellings and agricultural lot creation 

The 2024 Provincial Planning Statement proposes that up to three residential dwellings, being one primary dwelling and two additional dwellings, may be permitted on a parcel in the agricultural area. The additional dwellings may be within, attached, or close to the principal farmhouse. 

On agricultural lands, the 2023 draft proposed permitting up to three new lots with more permissive conditions; however, based on feedback, the Province amended the proposed policies to allow only a single new lot per farm consolidation in the 2024 draft. 

However, combining the proposed 2024 permissions for up to three dwellings on an existing agricultural lot with the proposed 2024 severance policies for a farm consolidation have the potential to create more than one new lot with a dwelling and thus add pressure to remove agricultural lands. 

Staff will recommend restricting lot creation for farm consolidations to circumstances where there are no existing additional detached dwellings. 

The Province also removed a proposed policy permitting multi-lot residential development on rural lands.

6. Planning horizon 

Based on feedback since the 2023 draft, the Province has revised the proposed planning horizon to a minimum of 20 years and maximum of 30 years. Staff are supportive of this change as it provides flexibility. The City’s Official Plan designates lands to 2046 and thereby meets a 25-year target. The next Official Plan update may project and plan for a time horizon beyond a 25-year period.  

Development potential resulting from a Minister Zoning Order will be in addition to the projected needs over the planning horizon established in the Official Plan. The next Official Plan update after any Minister Zoning Order would incorporate the additional growth into the Official Plan and related infrastructure plans. Staff recommend Minister Zoning Orders be required to be cognizant of existing infrastructure limitations and should have no effect if sufficient capacity does not exist. 

7. Affordable housing 

The 2024 Provincial Planning Statement reinstates several policies and definitions relating to affordable housing that were proposed to be removed in the 2023 draft.  

8. Natural heritage 

The 2024 Provincial Planning Statement proposes minor wording changes to the natural heritage policies and definitions that do not appear to impact protections or require revisions to Official Plan policies. 

It is expected that further changes to natural heritage policies may be published for consultation at a later date.  

Next steps 

Staff will submit to the Province the comments detailed in Appendix A and report back to Committee and Council if finalized revisions to the Provincial Planning Statement and any other amendments that are tabled require amendments to the Official Plan. 

If you have questions, please contact Royce Fu, Manager Policy Planning at royce.fu@ottawa.ca

Original signed by,  

Vivi Chi

cc: Senior leadership team 
Planning, Development and Building Services Departmental leadership team 
Director, Public Information and Media Relations 

Appendix AAnalysis of the Proposed Provincial Planning Statement [PDF 695 KB ]

Bill 185, Cutting Red Tape to Build More Homes Act, 2024 (May 3, 2024)

To: Mayor and Council Members    
From: Vivi Chi, P. Eng., Interim General Manager, Planning, Development and Building Services Department
Subject: Bill 185, Cutting Red Tape to Build More Homes Act, 2024
Date: May 3, 2024

Purpose

The purpose of this memo is to provide a summary of the proposed provincial Bill 185 and the impact it will have on the City. 

Background

On April 10, 2024, the Province tabled Bill 185, Cutting Red Tape to Build More Homes Act, 2024. The Bill was introduced to “cut red tape, speed up government processes and build at least 1.5 million homes by 2031.” Although Bill 185 has yet to receive royal assent, staff would like to provide Council with a summary of the changes that would affect the City in the Bill’s current wording along with an assessment of how City business would be impacted.

A memo discussing the Bill’s changes to the Development Charges Act was previously circulated to Council on April 26, 2024. 

Pre-consultation and application fee refunds

Currently, applicants may request a refund of their development application fee if municipalities do not issue a decision within the provincially prescribed timelines. Bill 185 would repeal these refunds. The Bill would also prevent municipalities from requiring applicants to pre-consult prior to submitting an application, effectively removing the phased pre-consultation process implemented to meet the refund timelines implemented by Bill 109 in 2023.

Ontario Land Tribunal Appeals

Under the Planning Act, applicants can appeal to the Ontario Land Tribunal and request that the Tribunal determine if the studies or material being requested by the municipality as part of an application are reasonable, or if the material that was provided by the applicant is sufficient. These appeals can only be made after an application is rejected. Bill 185 would permit applicants to make these appeals immediately after initiating pre-consultation or immediately after paying their application fee. 

The Bill also proposes to eliminate third party appeals of development applications and would dismiss any pending appeals that have not yet been scheduled for a hearing. People that have had their appeal rights removed include third-party landowners, ratepayers, and other members of the public that are not the applicant, the Minister, an approval authority, or a public body, or a “specified person”. “Specified person” is a new term and includes applicants, public bodies, Indigenous communities, and utilities providers.

Finally, the Bill proposes the ability for privately initiated Settlement Area Boundary Expansions to be appealed to the Ontario Land Tribunal if Council refuses or makes no decision on the application, provided the application is not within the Greater Toronto Area Greenbelt. 

Protected Major Transit Station Areas

The Bill would remove the ability for municipalities to require parking minimums within Protected Major Transit Station Areas. Additionally, Official Plan Amendments for permitted land uses, and buildings or structures would be permitted in Protected Major Transit Station Areas.

Ministerial Zoning Powers

Municipalities would no longer have the legislated ability to request Ministerial Zoning Orders; instead, the Province will be creating a new Ministerial Zoning Orders request process that will exist outside of legislation. The Minister would also gain the ability to make regulations that would modify municipal zoning provisions in order to provide greater permissibility for residential units that are ancillary to a detached, semi-detached, or rowhouse.

Planning Act Exemptions

Developments initiated by postsecondary institutions would no longer be subject to any Planning Act provisions. Additionally, the Minister may exempt prescribed community service facilities (limited to schools, long-term care facilities, and hospitals) from any Planning Act provision by regulation.

Sewer and water capacity allocation

The Bill would permit municipalities to enact a by-law under the authority of the Municipal Act to regulate the allocation of servicing capacity. This provision would enable municipalities to develop a by-law that could limit the amount of time servicing capacity is assigned to an approved development. In this instance, if the development does not receive a building permit within the timeline stated in the by-law, Council would have the ability to reallocate the assigned capacity to another development. The objective is to motivate development proponents to progress towards construction in a timely manner.

Additional Changes

The Bill also stipulates that the Lieutenant Governor may make regulations authorizing municipalities to provide direct or indirect assistance to a commercial enterprise, and such assistance would not be required to comply with any levy, fee, or charge requirements within the Building Code Act or the Development Charges Act. The Bill also would permit the relocation or reconstruction of hydrocarbon lines without approval from the Ontario Energy Board, subject to any regulations. 

Discussion

Staff Concerns

The source of concerns with Bill 185 impacts on City operations are the changes surrounding the application fee refunds and pre-consultation. While staff welcome the elimination of the requirement to refund development application fees should prescribed timelines not be met, the proposed elimination of the ability to require mandatory pre-consultation presents some concerns.

Staff would propose that the Province not remove the ability for municipalities to mandate pre-consultation. Mandatory pre-consultation was the most significant change implemented by staff in response to Bill 109, which consisted of three phases: phases 1 and 2 provided applicants the list of required materials for an application and high-level feedback on their concept, while phase 3 provided staff an opportunity to review the documentation to ensure they were complete, consistent with one another, address concerns raised and consistent with the terms of references. Phase 3 specifically enabled staff to meet the provincial timelines for Bill 109 applications 100 percent of the time. While there would no longer be a financial penalty for municipalities missing timelines, pre-consultation serves a valuable purpose of providing applicants with high-level feedback on concepts and a list of required information and materials.  

Currently, the prescribed timelines for municipalities to render a decision are:

  • 60 calendar days for Site Plan Control applications
  • 90 calendar days for Zoning By-law Amendments

Staff are also concerned with the lack of transition clauses to adapt to the removal of mandatory pre-consultation, and the potential impact this could have on meeting both provincial timelines and Council policy. Staff would have little-to-no time to assess process, policy and by-law changes required to meet the provincial changes in a timely manner.

Staff are concerned with the ability for privately initiated Official Plan Amendments for urban area expansion to be appealed to the OLT for a refusal or a lack of a decision by Council. Permitting appeals will be a drain on City resources with the potential to add designated lands that undermines the growth management strategy of the Official Plan and without being identified in the corresponding Infrastructure or Transportation Master Plan. The current system for urban area expansion requires a comprehensive review to evaluate the best lands relative to each other. A piecemeal application approach does not provide consistent evaluation for multiple alternatives.

In addition, the Bill’s proposal to exempt postsecondary institutions from the Planning Act may be consequential in its current wording. As it currently reads, the Bill exempts any undertaking by a post-secondary institution from the Planning Act, and therefore exempts it from any requirements under the City’s Official Plan, Zoning By-law, or Site Plan Control By-law. The Bill does not specify any geographical constraints to this exemption, meaning this could include off-campus developments. The City would still have interactions with postsecondary institutions for other non-Planning Act permits as they relate to right-of-way, heritage and the Municipal Act.

Finally, the Minister may make regulations establishing requirements and standards with respect to the land-use permissions for three dwellings on a residential lot with municipal water and wastewater services. This ability reduces local control for what Council deems is appropriate for local contexts. No specific regulations are proposed through Bill 185 at this time, only the ability for the Minister to establish such regulations.

No Staff Concern

With respect to the changes regarding Protected Major Transit Station Areas, no significant impacts are expected. There are no policies in the Official Plan requiring parking minimums within Protected Major Transit Station Areas. Furthermore, in the draft Zoning By-law that was received by the Joint Planning and Housing Committee and Agriculture and Rural Affairs Committee on April 29, 2024, staff propose eliminating parking minimums city-wide. 

Although the Bill seeks to remove the legislated ability for municipalities to request Ministerial Zoning Orders, the Province has stated that it will be implementing a new form through which municipalities may request Ministerial Zoning Orders, with which, in its current form, staff have no concerns. 

Staff do not anticipate any significant impacts from any of the other changes proposed by Bill 185. 

Next Steps

The deadline to submit feedback to the Province on Bill 185 is May 10. Staff will prepare a submission that reflects the concerns outlined in this memo for submission before the deadline.

Staff will continue to monitor the Bill as it advances through the legislature. When the Bill receives royal assent, staff will issue another memo advising Council of any amendments made to the Bill since the issuance of this memo and prepare an implementation report. 

2024 Development Charges Provisional Background Study and Bill 185 (Cutting Red Tape to Build More Homes Act) (April 26, 2024)

To: Mayor Sutcliffe and Members of Council
From: Vivi Chi, Interim General Manager, Planning, Development and Building Services Department 
Subject: 2024 Development Charges Provisional Background Study and Bill 185 (Cutting Red Tape to Build More Homes Act, 2024)
Date: April 26, 2024

This Memo provides the Mayor and Council with a summary of the impacts of Bill 185 on the City of Ottawa’s 2024 Development Charges Bylaw. As of this date, Bill 185 has yet to receive royal assent.

Background

The City’s current Development Charges By-law 2019-156 is set to expire on May 22, 2024, under the existing rules of the Development Charges Act

Before passing a new development charges by-law, Council shall: 

  • Hold at least one public meeting.
  • Give at least 20 days’ notice of the meetings.
  • Ensure that the proposed by-law is made available to the public at least 14 days prior to the public meeting.
  • Ensure that the proposed background study is made public at least 60-days prior to by-law passage.

Planned report to Council

A report will be brought to Planning and Housing Committee on May 8, 2024, that recommends Council approve the development charge calculations contained within the provisional 2024 City-wide and Area-specific Development Charges Background Study and the provisional 2024 Stormwater Management Area-Specific Development Charges Background Study dated March 15, 2024. 

Provincial Legislative Update

On April 10, 2024, the Province released a first draft of Bill 185: Cutting Red Tape to Build More Homes Act, 2024. Schedule 6 to which, if enacted, would alter the City’s legislative authority to extend existing development charges by-laws or enact new ones. The Provincial Standing Committee on Finance and Economic Affairs will meet to consider Bill 185 and intends to hold public hearings until Wednesday, May 15, 2024. Following the public hearings, there will be clause by clause consideration of the Bill and then third reading by the Legislature and royal assent. This will almost assuredly take the enactment beyond May 22, 2024, the deadline for the City to enact new development charge by-laws. 

The relevant aspects of the proposed Bill 185 Legislation that affect development charges, in its current form, are:

1. Authorizes municipalities to extend existing development charge by-laws for an unlimited period by passing an amending by-law. Such a by-law is exempt from the usual procedural requirements applicable to development charge by-laws and is exempt from appeal.

Outcome: As the legislation will come into force after May 22, 2024, this is not an option open to the City.

2. Removes the requirement (Development Charges Act s. 5 (6) paragraph. 4) to “phase-in” new charges over five years by giving progressively smaller partial exemptions (from 20 per cent to 5 per cent) over the first four years  they are in effect. 

Outcome: Discounts are eliminated allowing municipalities to collect full development charges starting year one.

3. Re-introduces the ability for municipalities to charge for the cost of preparing certain studies connected to determining the capital costs of municipal projects funded through development charges, or of the Background Study itself (reintroducing Development Charges Act s. 5 (3) paras. 5 and 6).

Outcome: Eligible development charges-funded studies include the New Zoning By-law, New Official Plan, and Environmental Assessments.

4. Reduce the time limit for frozen development charges rates under 26.2 of the Development Charges Act from 24 to 18 months following Council’s approval.

Outcome: A reduced timeline may increase development charge revenues. 

Next Steps

Staff will bring the Development Charges By-law report to the Planning and Housing Committee and Council in May to provide for the enactment of new development charge by-laws. Staff will continue to monitor the progress of Bill 185 through the Legislative Assembly of Ontario. Once it receives royal assent, staff will update the Mayor and Council on next steps on the possibility of revising the City’s Development Charges By-laws to take advantage of the benefits offered by Bill 185.

Vivi Chi, P. Eng.
Interim General Manager
Planning, Development and Building Services Department

c.c: Senior Leadership Team
Planning, Development and Building Services Department leadership team
Director, Public Information and Media Relations

2024 Electric kick scooter season (April 2, 2024)

April 2, 2024

Dear Mayor and Members of Council,

The purpose of this memo is to update the Mayor and Members of Council on the 2024 Electric Kick Scooter Pilot Program.

Thank you,
Vivi

To: Mayor and Members of Council
From: Vivi Chi, P. Eng, Interim General Manager, Planning, Real Estate and Economic Development Department
Subject: 2024 Electric kick scooter season 

The purpose of this memo is to update the Mayor and Members of Council on the Electric Kick Scooter Pilot Program. After the successful completion of the third season in 2022, Council approved the continuance of a fourth season in 2023 (ACS2023-PRE-TP-0003). At the same time, Council delegated authority to the General Manager of Planning, Real Estate and Economic Development to approve the fifth (and final) year of the pilot, should the results of the 2023 season be satisfactory. 

Given the results of the 2023 season (see below), it would be appropriate to continue with the Electric Kick Scooter pilot in 2024. A summary of the 2023 season, as well as the plans for the 2024 season, are provided below. Further details can be found in the attached Supporting Document 1 Results of the Electric Kick Scooter Season and Plans for the 2024 Season [ PDF 591 KB ] and on the project site at E-scooters | City of Ottawa.  

Results of the 2023 e-scooter season

The 2023 season ran from May 15 to November 15. During this time, approximately 50,000 unique riders took approximately 179,000 rides on a fleet of shared e-scooters. On average, there were approximately 1000 trips per day. The busiest month was July with approximately 1,200 daily trips during the week, and 1,800 daily trips on the weekend, with some weekends reaching 2,500 daily trips. The average trip length was 2.1 kilometres, and average trip duration was 14.8 minutes. The busiest period of usage was in the evening (7 pm  to 11 pm). The total distance covered was approximately 350,000 kilometres, resulting in an estimated reduction in CO2 emissions of between 9,000 and 12,000 kg-CO2eq.

The 2023 season was roughly 40 per cent longer in duration than the 2022 season and had more than twice the trips. Figure 1 shows the usage over the last four seasons. Most trips were for shopping or social purposes, while roughly 18 per cent of trips started or ended within 150 metres of a transit station. This represents an upward trend in e-scooters facilitating access to transit over the last four years (2020: 2 per cent; 2021: 4 per cent; 2022: 5 per cent).

The two providers, Bird Canada and Neuron Mobility, each operated with a maximum fleet size of 450 e-scooters (total of 900 for the program). The deployment area was bound by St. Laurent Boulevard in the east, Rideau River/Carling Avenue in the south, Churchill Avenue in the west and the Ottawa River in the north. This area was over twice the size of the 2022 deployment area (refer to Figure 2). As in previous seasons, e-scooters could be rented from 6 am to 11 pm. 

Staff remained committed to addressing safety and accessibility issues throughout the 2023 season and saw continued improvements. Originally introduced in 2022, the restrictive parking model was maintained and enhanced in 2023 to prevent misparked scooters from blocking sidewalks. Approximately 600 in-app parking locations were identified where users were required to park after ending their rides. The City also designated 22 signed e-scooter parking areas along key corridors, an increase from 13 in 2022. Providers were also required to use geofencing technology to detect and prevent sidewalk riding, and all e-scooters were required to emit a continuous sound when in use to notify other road users of their presence. 

The 2023 season also maintained the streamlined complaints process that was introduced in 2022, with increased resources to address issues faster. As part of this process, all e-scooter incidents reported to 3-1-1 (via the e-form or phone call) were transferred to a designated team at By-Law and Regulatory Services who would forward issues to the appropriate e-scooter service provider. Most of the issues reported were misparking and sidewalk riding; the majority of issues were addressed in under 30 minutes. By-Law staff monitored and triaged service requests, and took proactive action if/where required. In total, 333 service requests were received in 2023, with most months experiencing a significant reduction in service requests compared to 2022 (refer to Figures 3 and 4). 

Consultation with the Accessibility Advisory Committee

City staff presented the results of the 2023 season to the Accessibility Advisory Committee on February 20, 2024.  Committee members spoke about the need to further improve the sound emitted by e-scooters and expressed concern about safety risks to pedestrians and persons with disabilities posed by illegal sidewalk riding and mis-parked scooters. The City and the e-scooter providers will continue to work with all stakeholders, including the Accessibility Advisory Committee and other accessibility representatives, to build on and enhance the improvements introduced in previous seasons (geofencing, restrictive parking model, etc.). The City will also continue to work with the AAC to further test and refine the e-scooter sound emissions. 

A key challenge is the increased prevalence of privately owned e-scooters operating on city streets, which are not subject to the same controls as shared e-scooters. As part of the 2024 season, the City will undertake an educational campaign targeted at e-scooter owners on riding and parking etiquette, and public safety. 

Plans for the 2024 e-scooter season

The 2024 season will build on the measures from the 2023 season. New plans for 2024 include the following: 

  • Start the season as early as April 15 (a month earlier than in 2023), subject to weather and street sweeping operations, and end November 15.
  • Revise the fee structure for the 2024 season by eliminating the user fee of $0.10 per ride. This change will ensure the program remains revenue neutral while providing sufficient funding to cover all recommended administration, education, and enforcement activities. 
  • Extend the operating hours from 5 am to 1 am (previously 6 am to 11 pm) throughout the deployment area, except for the ByWard Market, and ensure companies deploy sobriety technologies for all rides after 11 pm. Given that e-scooters can facilitate transit trips, this expansion of operating hours will align with the City’s transit operating hours.
  • Start with a fleet size of 900 and increase to a maximum of 1200 if requested and justified by the service providers. 
  • Explore options with service providers to make helmets available to all riders (Neuron is already providing helmets with their vehicles). 

Next steps

Staff will initiate the process of offering a contract extension to Bird Canada and Neuron Mobility for the 2024 season. The 2024 season will be the fifth and final year of the Provincial Pilot. Staff will report back to Transportation Committee and Council on the future of the program once the Province advises of their decision to extend the pilot, make the pilot permanent, or discontinue it. 

For further questions about the e-scooter pilot, please contact: Kunjan Ghimire, Program Manager, Neighbourhood Traffic Calming (Kunjan.Ghimire@ottawa.ca)

Original signed by 

Vivi Chi, P. Eng.
Interim General Manager, Planning, Real Estate and Economic Development Department

cc: Senior Leadership Team
Planning, Real Estate and Economic Development departmental leadership team
Director, Public Information and Media Relations

Figure 1:  Total e-scooter trips by year

Total e-scooters trips per year from 2020 to 2023

Figure 2:  E-scooter deployment zone, 2022 and 2023

City of Ottawa map of e-scooter deployment zone, 2022 and 2023

Figure 3:  E-scooter 3-1-1 service requests

E-scooters 3-1-1 service requests stats, 2022 and 2023

Figure 4:  E-scooter 3-1-1 complaints breakdown

E-scooter 3-1-1 complaints breakdown chart 2022 and 2023

Launching the Tree Planting Strategy (March 26, 2024)

March 26, 2024

Dear Mayor and Members of Council,

The purpose of this memo is to notify Council of the launch of the Tree Planting Strategy survey.

Thank you,
Vivi 

To: Mayor Sutcliffe and Members of Council
From: Vivi Chi, P. Eng, Interim General Manager, Planning, Real Estate and Economic Development and
Alain Gonthier, General Manager, Public Works
Subject: Launching the Tree Planting Strategy

Dear Mayor Sutcliffe and Members of Council, 

We are reaching out to inform you that on March 26, 2024, staff will launch the Engage Ottawa site for the Tree Planting Strategy and the first consultation piece, a survey on tree planting programs

The Tree Planting Strategy is the feature project of Ottawa’s Urban Forest Management Plan for this term of Council. The strategy will focus on how Ottawa will achieve its urban canopy cover target of 40 per cent over time. It will shift the City’s tree planting approach from reactive to proactive. It will use a neighbourhood lens and the City’s canopy cover data to prioritize tree planting in areas of Ottawa that need trees the most. It will take an equity approach by looking at socio-economic data, as well as public health data, such as urban heat island mapping, to prioritize tree planting efforts. 

The first action under the Tree Planting Strategy is to review the City’s existing tree planting programs. The first consultation is a survey to gather public feedback on the existing tree planting programs and ideas for future programming. The survey will also include more detailed questions on the Commemorative Tree Program because staff are looking to improve the program as an early action item under the Tree Planting Strategy. The survey will be available until April 15, 2024

Over the next year, several surveys on other City tree planting programs will be rolled out to gather more feedback. Staff will also work with colleagues in the Community and Social Services Department to roll out the survey in the City’s priority neighbourhoods using the established youth ambassadors’ program and other community leaders. Information from this survey, and the others that will follow, will be used to evaluate existing tree planting programs, make improvements, and to develop new programs. 

We are requesting your assistance in promoting this survey by sharing the link with residents, community associations, groups, or organizations that may be interested in providing their input.  
 
Below you will find communication material to promote the tree planting program survey.  The material may be used in your newsletter, social media pages, or webpage and is available in both official languages.  

Staff is also looking for your feedback. We will be organizing several Councillor consultation sessions in early April. We will be in touch shortly with dates and more information. 

Thank you in advance for sharing with your constituents. If you have any questions, please contact Martha Copestake at martha.copestake@ottawa.ca or Tracey Schwets at tracey.schwets@ottawa.ca

Sincerely, 

Vivi Chi, P. Eng.
Interim General Manager
Planning, Real Estate and Economic Development 

Alain Gonthier
General Manager
Public Works

See communication material below:

Cc: David Wise, Acting Director, Economic Development and Long Range Planning 
Allyson Downs, Director, Parks Maintenance and Forestry Services 
Tracey Schwets, Program Manager, Forest Management Branch 
Nick Stow, Program Manager, Natural Systems and Rural Affairs 
Martha Copestake, Senior Forester – Planning, Natural Systems and Rural Affairs

Communications material 

Key messages: 

  • The Tree Planting Strategy is the feature project of Ottawa’s Urban Forest Management Plan for this Term of Council.
  • The strategy will help to achieve the City’s urban canopy cover target of 40 per cent over time by shifting from a reactive to a more proactive approach to tree planting and by taking an equity approach that focuses on increasing tree planting in areas of the city that need it the most. 
  • An Engage Ottawa site has been launched and the first in a series of surveys on tree planting is available now. The City is seeking input on existing City tree planting programs and feedback on future programming.  

Sample blurb for newsletters: 

Request for input on Ottawa’s tree planting programs!

The Tree Planting Strategy has been launched and the City needs your input! The strategy is the feature project under the City’s Urban Forest Management Plan for this Term of Council. It will focus on how Ottawa can achieve its urban canopy cover target of 40 per cent over time. It will shift the City’s tree planting approach from reactive to proactive and it will use the City’s canopy cover data for neighbourhoods to prioritize tree planting in areas of Ottawa that need it the most. 

The first step is a review of the City’s existing tree planting programs. Through a series of surveys, staff are gathering information on existing tree planting programs and ideas for future programming. Your feedback is needed! 

The City is requesting your input through a survey available on Engage Ottawa, which will be available until April 15, 2024

Thank you in advance for your continued support and care for growing Ottawa’s urban forest! 

Sample tweets / social media messages: 
  • Bringing trees and all their benefits to areas of Ottawa that need it the most! Where would you like to see more trees in the city? Let us know. 
  • The City of Ottawa has a variety of tree planting programs and projects in place, and we are looking to make improvements. Have your say. Get involved.  
  • @ottawacity is looking for your input on tree planting in Ottawa! Learn more about the City’s tree planting programs, take the survey, and share widely!
  • Are you part of an association or other group and looking to support tree planting in Ottawa? The City of Ottawa is requesting community input on tree planting programs
  • The development of the Tree Planting Strategy will help meet the needs of our ever-growing communities.  
     

2024 Development Charges Background Study (March 18, 2024)

To: Mayor and City Council
From: Vivi Chi, P.Eng., Interim General Manager, Planning, Real Estate and Economic Development Department
Subject: 2024 Development Charges Background Study 

On December 11, 2023, a memorandum on the City’s position on Official Plan Adjustments (Bill 150) was provided to Mayor and Council. As per the memorandum and Mayor Sutcliffe’s submitted feedback to the Province on Bill 150, the existing Development Charge By-law was requested to receive a statutory extension to provide the necessary time to update the Infrastructure Master Plan and consult on the new Development Charge By-law as a result of the reversal of the Minister’s urban boundary additions.

To date, the City has not received a formal response from the Province concerning a timeline for extending the Development Charge By-law expiry date. Given that there has been no statutory extension provided by the Province, the City has published a background study today, in order to meet the legislated 60-day timeline prior to by-law passage requirement. 

For your convenience, please see the following links to 2024 City-wide and Area-Specific Development Charges Background Study [ PDF 8.8 MB ] and the 2024 Stormwater Management Area-Specific Development Charges Background Study [ PDF 1.687 KB ].

If an extension is granted following March 15, 2024, the City will determine how best to proceed with the revised timelines and update Members of Council accordingly.

If there are any questions, please do not hesitate to contact Charmaine Forgie.

Vivi Chi

Ottawa Hospital new campus development parking garage site (March 5, 2024)

Dear Mayor, Chair Leiper and Members of Planning and Housing Committee,

The purpose of this memo is to provide an update on minor modifications to the approved parking garage design for The Ottawa Hospital new campus development.

Thank you,

Derrick
Director, Planning Services, Planning, Real Estate and Economic Development Department

To: Chair Leiper and Members of Planning and Housing Committee
From: Derrick Moodie, Director, Planning Services, Planning, Real Estate and Economic Development Department
Subject: The Ottawa Hospital, new campus development, parking garage site plan modifications – Part of 900 Carling Avenue, 850 Carling Avenue and 520 Preston Street

The purpose of this memorandum is to inform the Planning and Housing Committee of minor modifications to the approved parking garage design for The Ottawa Hospital new campus development.

Background

The subject site plan application is for a four-storey parking garage as part of The Ottawa Hospital new campus development. The City’s Planning Committee endorsed the parking garage site plan on February 10, 2022 (Site Plan Control – 930 Carling Avenue, 850 Carling Avenue and 520 Preston Street, ACS2022-PIE-PS-0007), and the application was subsequently approved by staff on September 27, 2022.

As part of the applicant’s detail design process, several minor refinements to the design were reviewed and approved. With the passage provincial Bill 23, More Homes Built Faster Act, 2022 the approval of the modifications is under the delegated authority of staff as part of the approved site plan control application.

The foundation of the garage is currently under construction and the applicant will be commencing the superstructure works imminently. The estimated date of completion for the parking structure is fall 2025.

Summary of approved changes

The proposed changes and the revised renderings can be found in Documents 1 to 3 (see below). A summary of the changes is outlined below:

  1. Introduction of a central light and air well.
  • A central light and air well directly over the Light Rail Transit guideway has been created to satisfy ventilation and smoke control requirements from National Fire Protection Association - 130: Standard for Fixed Guideway Transit and Passenger Rail System.
  • The light and air well will enhance natural ventilation, allow natural light to penetrate the building and to facilitate improved pedestrian and vehicular way finding.
  • The applicant noted that an alternative mechanical system was cost prohibitive for the project.
  1. Minor adjustment to building footprint (Document  1 [ PDF 11.1 MB ]).
  • Minor increase in building footprint towards the Preston Street (1.5 metres) edge and minor reduction in the Prince of Wales Drive (1.3 metres) edge to support internal design and functionality.
  • The proposed natural berms will remain in place.
  1. Minor increase in tree canopy coverage (Document 3 [PDF 14.5 MB ]) from 51 per cent to 53 per cent.
  2. Adjustment to the green roof design is continuously being refined and being reviewed by the City in collaboration with the National Capital Commission.

The modifications were approved for the following reasons:

  • The proposed changes are minor in nature and are necessary to enhance the functionality of the structure.
  • The overall design of the original approval was maintained.
  • The proposed light and air well is required to ensure proper ventilation.
  • The proposed tree canopy was maintained and slightly enhanced.
  • The design changes were completed in coordination with the Light Rail Transit operation and construction teams.
  • A letter of comfort was received from the National Capital Commission indicating that the general intent of the schematic design approval through its Board is being met.
  • The proposed development continues to conform to applicable Official Plan policies and complies with regulations under the Zoning By-law.

If you have any questions or concerns, you may contact the file lead Stream Shen (stream.shen@ottawa.ca) or myself.

Derrick Moodie
Director, Planning Services
Planning, Real Estate and Economic Development Department

Consult documents:

Pollinators on bus shelters (March 19, 2024)

Dear Mayor and Members of Council,

Please find attached the response to the Pollinators on Bus Shelters inquiry submitted at the October 17, 2023, Environment and Climate Change Committee meeting by Councillor Hill. The response is listed on the Environment and Climate Change Committee agenda of March 19, 2024.

Thank you,
Vivi

Vivi Chi, P. Eng.
Interim General Manager 
Planning, Real Estate and Economic Development Department
City of Ottawa 
613-580-2424, extension 21877
vivi.chi@ottawa.ca

Subject: Pollinators on bus shelters
Submitted at: Environment and Climate Change Committee
From: Councillor D. Hill
Date: October 17, 2023
File: ECCC 2023-03
To: Nick Stow, Natural Systems & Rural Affairs, Planning, Real Estate and Economic Development Department

Inquiry:

Municipalities across the world, including in local municipalities like Kemptville and Lanark County, are protecting their local environment by installing pollinators on city infrastructure, including bus shelters.

To explore whether a Pollinator Bus Shelter Pilot is viable, could staff please answer the 
following questions:

  1. Has the City explored such a program in the past? If so, what is the status of that exploration?
  2. Based on the programs currently implemented in Kemptville and Lanark County what would staff identify as the benefits generated from such a program, what would staff identify as the risks?
  3. What would the expected cost be to implement a pilot of this program for 1-2 bus shelters already scheduled for installation or upgrades in 2024-2026?

Response (Date: 2024-March-19)

Municipalities across the world, including in local municipalities like Kemptville and Lanark County, are protecting their local environment by installing pollinators on city infrastructure, including bus shelters. 

To explore whether a Pollinator Bus Shelter Pilot is viable, could staff please answer the following questions:

1. Has the City explored such a program in the past? If so, what is the status of that exploration? 

Staff have not explored such a program. If directed, staff would first need to determine whether any of the existing flat-roofed bus shelters have the physical capacity to accommodate the added weight of a green roof. However, flat-roof shelters are no longer supported by the City of Ottawa Accessibility Design Standards. The Accessibility Design Standards require the roof to be designed in such a way to prevent rain, snow, or ice accumulation at the entrance of the bus shelter and adjacent routes. To meet this requirement, the City is currently only procuring shelters with sloped roofs. These new shelters provide a roof that is designed to shed snow, rain and ice accumulation at the entrance and adjacent routes.
 
As a result, the flat-roofed shelters are in the process of being phased out and the City stopped procuring them in 2021. The new shelters, which have been purchased with translucent and sloped roofs to improve customer security, and meet Accessibility Design Standards, would be unsuitable for a green roof unless those shelters are customized. 

2. Based on the programs currently implemented in Kemptville and Lanark County what would staff identify as the benefits generated from such a program, what would staff identify as the risks?

Staff are not familiar with any existing programs in eastern Ontario, but in general we consider that the benefits of adding pollinator habitat to bus shelters would be minimal when compared with other existing opportunities for habitat improvement. The City has recently approved changes to the Use and Care of Roads By-law which enable residents to diversify the vegetation within the City right-of-way adjacent to their properties. We also have targets for naturalization areas in our Parks Development Manual, and regularly include naturalized meadow habitats in our stormwater management facilities and other passive greenspaces. Even in the most urban neighbourhoods, planter boxes and street trees provide opportunities for pollinator foraging. We continue to promote the use of native plants in public and private landscaping projects, in large part due to their value to pollinators. We do not believe that installing green roofs on bus shelters would significantly improve pollinator habitat in Ottawa.

As noted in Question 1, staff would have to identify appropriate bus shelter designs to ensure they are compliant with the accessibility standards while providing the necessary features to accommodate a green roof, as well as to ensure a safe environment for customers. This would necessitate purchasing shelter(s) outside the current scope and design of the ongoing shelter-replacement program. This could increase the cost of the shelter (per-shelter basis) and the long-term maintenance. Additionally, installing a green roof on a shelter would likely reduce the lifespan and require additional lifecycle maintenance.

3. What would the expected cost be to implement a pilot of this program for 1-2 bus shelters already scheduled for installation or upgrades in 2024-2026?

As noted in the previous responses, staff would not recommend purchasing a new flat-roof bus shelter as they do not meet the City’s Accessibility Design Standards.

The cost of a new curved-roof shelter is approximately $12,000, which includes installation. A curved-roof shelter that could accommodate a green roof would increase the cost due to necessary customization. Of note, there is currently no funding in the approved Transit Services capital budget to either add the green roofs or to increase the weight-bearing capacity of any of our current shelters.

Standing Committees / Commission Inquiries:
Response to be listed on the Environment and Climate Protection Committee agenda of March 19, 2024

Planning related matters and Bill 162 Get It Done Act (February 23, 2024)

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update to Council on planning related matters and the Province’s Bill 162, Get It Done Act.

Thank you,
Don

To: Mayor and Members of Council
From: Don Herweyer, MCIP RPP, Special Advisor, Planning, Planning, Real Estate and Economic Development Department
Subject: Planning related matters and Bill 162 Get It Done Act

On February 20, 2024, the Province of Ontario introduced Bill 162, Get It Done Act, 2024, an omnibus bill that amends several provincial acts including the Official Plan Adjustments Act, 2023. The purpose of this memo is to provide an update on three planning related matters in relation to Bill 162, specifically Council and City requests regarding:

  • Maximum building heights on minor corridors
  • Official Plan Act 5 amending the land use designation for the addition to the Village of Greely
  • An extension to the 2024 Development Charges By-law

Minor corridors

Schedule 3 to Bill 162 propose amendments to the Official Plan Adjustments Act, 2023, being those modifications originally made by the Minister of Municipal Affairs and Housing on November 4, 2022 to Ottawa’s Official Plan. Bill 162 amends this Act and is consistent with the Council motion adopted on November 22, 2023 to “Retain the minor corridor permissible heights in accordance with the November 2022 Ministry approval of the City’s new Official Plan” (Modifications 7-10, 12 and 13). Once Bill 162 receives Royal Assent, these amendments will be retroactive to November 4, 2022.

Village of Greely addition

Bill 162 does not propose an amendment to remove the designation provided to the Village of Greely through Official Plan Act 5, Official Plan Amendment omnibus 1, to implement the Minister’s modification that added this parcel to the village, despite the Official Plan Adjustments Act, 2023 removing this modification to the Official Plan. On February 7, 2024 Council adopted a motion regarding the clarification of the Greely Secondary Plan & Plan of Subdivision, 1600 Stagecoach Road to request the Minister of Municipal Affairs and Housing introduce legislation that would deem Modification 66 to Official Plan Amendment 5 that assigned a designation to the Village of Greely addition to never have come into force. The request was made to the Minister of Municipal Affairs and Housing. Staff have not received any correspondence from the Province regarding its intentions on this request.

2024 Development Charges By-law extension

As requested by the Province, heads of Council were requested to submit comments on Bill 150, the Planning Statute Law Amendments Act, 2023, an Act to enact the Official Plan Adjustments Act, 2023, by December 7, 2023. Don Herweyer, Special Advisor - Planning,  provided a memo to Council on December 11, 2023 on the City’s position on Official Plan adjustments and implications on the 2024 Development Charges By-law that the Mayor provided to the Province on December 5, 2023.

As per the Mayor’s letter and the memo to Council on December 11, 2023, the existing Development Charges By-law was requested to receive a statutory extension to provide the necessary time to update the Infrastructure Master Plan and consult on the new Development Charges By-law as a result of the reversal of the Minister’s urban boundary additions.

Correspondence from the Province in December 2023 indicated its intention to bring forward legislation to do so when the legislature resumes in February.

Bill 162 does not include proposals to amend the related Development Charges legislation to enact the requested extension. Staff will continue to monitor the legislation and update Council on the timing of the anticipated legislative amendments to be implemented through a different bill.

Don Herweyer

Nightlife Commissioner recruitment (February 8, 2024)

February 8, 2024

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update to Council on the Nightlife Commissioner recruitment.

If you have questions, please contact Cindy VanBuskirk or Ray Emmanuel

Thank you,

David 

To : Mayor and Members of Council
From: David Wise Acting Director, Economic Development and Long-Range Planning
Subject: Nightlife Commissioner recruitment

Please be advised that the job posting for the new Nightlife Commissioner position is now available Nightlife Commissioner (ottawa.ca). The posting will be live for the next three weeks until March 1, 2024.

Background

On May 10, 2023, City Council approved Ottawa’s first-ever Nightlife Economy Action Plan. It establishes a foundation from which Ottawa can build on its competitive strengths and address challenges in the development and delivery of nightlife infrastructure, amenities, and experiences and create a more vibrant, diverse, inclusive, viable, safe and well-managed nightlife for residents, visitors, and businesses.

The Nightlife Commissioner will serve as the steward of the city's nightlife economy, lead the implementation of the Nightlife Economy Action Plan, and help shape the future of Ottawa’s nightlife. The Nightlife Commissioner will collaborate with partners and stakeholders to influence and enhance community safety and wellbeing, quality of life and commercial vibrancy across the city.

Communications

The City’s Public Information and Media Relations team will promote this opportunity through the City’s social media platforms. We invite you to engage, repost and share content on X, Facebook, Instagram and LinkedIn. Sample posts and newsletter content are available below. You may also borrow content from a feature story about the Nightlife Commissioner and Nightlife Economy Action Plan, which will be emailed to subscribers and posted on the ottawa.ca Newsroom page in the coming days.

Interested candidates should be directed to apply here Nightlife Commissioner (ottawa.ca).

Sincerely,

David Wise
Acting director, Economic Development and Long-Range Planning
Planning, Real Estate and Economic Development Department

Cc: City Manager, extended senior leadership team

Sample Social Media Messages:

The City of Ottawa is now hiring our first-ever Nightlife Commissioner to implement the Nightlife Economy Action Plan! Check out the job description here. #OttawaNightLife #OttNightLifeCommissioner #OttCity #Hiring #OttCityJobs

We are looking for #OttCity’s first-ever Nightlife Commissioner. Learn more about how this role will support Ottawa and lead the new Nightlife Economy Action Plan. Nightlife Commissioner (ottawa.ca)

#OttawaNightLife #OttNightLifeCommissioner #Hiring #OttCityJobs

Sample Newsletter Content:

As implementation of Ottawa’s Nightlife Economy Action Plan continues, the City is hiring its first-ever Nightlife Commissioner. The Nightlife Commissioner will serve as the steward of the city's nightlife economy and help shape the future of Ottawa’s nightlife. They will collaborate with partners and stakeholders to influence and enhance community safety and wellbeing, quality of life and commercial vibrancy across the city and create a more vibrant, diverse, inclusive, viable, safe and well-managed nightlife for residents, visitors and businesses. To learn more about the position, please visit Nightlife Commissioner (ottawa.ca).

Does the City have a 15-year land supply to meet housing targets? (January 19, 2024)

January 19, 2024

Dear Mayor and Members of Council,

Please find attached the updated response to the 15-years of land supply for housing inquiry submitted at the November 22, 2023, Planning and Housing Committee meeting by Councillor Luloff. The updated response provides an overview of the existing designated greenfield residential land supply. The response is to be listed on the Planning and Housing Committee Agenda of January 31, 2024.

Thank you,
Vivi

Vivi Chi, P. Eng.
Interim General Manager 
Planning, Real Estate and Economic Development Department
City of Ottawa 
613-580-2424, extension 21877
vivi.chi@ottawa.ca

Inquiry:

Given Ontario’s Minister of Municipal Affairs and Housing announced on November 2, 2023, the reversal of the province’s changes to Ottawa’s official plan, and recognizing that plenty has changed since the plan was adopted last term by council – for example suggestions regarding higher population growth and increased immigration targets – does the General Manager of Planning, Real Estate and Economic Development Department believe the city has a 15-year land supply to meet or exceed our housing targets?

Response

The 2020 Provincial Policy Statement requires municipalities to maintain a 15-year minimum residential land. The City of Ottawa monitors greenfield residential land supply annually through the Greenfield Residential Land Survey to ensure consistency with the Provincial Policy Statement.

The mid-2022 Greenfield Residential Land Survey report, the latest available, was received by the Planning and Housing Committee on January 17, 2024. The Greenfield Residential Land Survey separates the greenfield supply into two categories. The first is the existing designated greenfield supply, and the second is the Council-adopted urban expansion areas. The existing greenfield supply consists of greenfield parcels that were designated as greenfield prior to the adoption of the new Official Plan on November 24, 2021. The Council-adopted urban expansion areas consist of parcels that were added to the urban boundary by Ottawa City Council during the new Official Plan process in 2021.

Provincially added parcels are not included in this survey since it is dated July 1, 2022, and the Province added those parcels on November 4, 2022. The Province subsequently removed those same parcels in December 2023.

As of July 1, 2022, the existing designated greenfield residential land supply was approximately 1,482.2 net hectares with an estimated unit potential of 64,786. It is estimated that this land supply will last approximately 15.9 years, providing supply until 2038.

Council adopted urban expansion areas represent an additional 1,281 hectares of greenfield land. The assumed net residential portion of that land is 50 per cent, providing 640.5 net hectares of residential land. Currently, only high-level analysis can be completed on these 640.5 net hectares until more details are provided during the secondary planning process for each expansion area. Applying the minimum 36 units per net hectare are per Official Plan policy 5.4.4.2 means the 640.5 net hectares will result in approximately 23,000 dwellings.

As the Council-adopted urban expansion areas complete their secondary planning process, an additional 640.5 net hectares will be available for a total of 2,122.7 net hectares of greenfield residential land supply. This combined land supply has a unit potential of 87,836 dwellings and provides a projected land supply of approximately 25 years, to 2047.

Existing designated greenfield residential supply and Council-adopted urban expansion areas    
  Land supply (net hectares) Unit potential Annual land demand (net hectares) Projected years of supply Supply until year
Existing designated greenfield residential supply, mid-2022 1,482.2 64,786 93.1 15.9  
City-adopted expansion lands 640.5 23,050 68.5 9.4
Total 2,122.7 87,836   25.3 2047

Overall, the existing designated supply of greenfield land in Ottawa as of July 1, 2022, is consistent with the policies of the PPS to maintain a greenfield residential land supply of 15-years. The Council-adopted urban expansion areas will also provide 640.5 net hectares of additional greenfield residential land to supplement the existing supply past the planning horizon of 2046.

With regards to population tracking, comparing the 2018 to 2022 population projections to annual population estimates, shows higher projected population than actual population estimates from Statistics Canada. Statistics Canada provides annual population estimates for census divisions1, which corresponds to the municipal boundary for Ottawa. The Ontario Ministry of Finance also updates their population projections for Ontario census divisions annually2. The chart and table below compares the City’s population projection to the updated year from the Ministry of Finance projections and Statistics Canada’s population estimates.

Population d'Ottawa, 2018 à 2022
Population source   2018   2019   2020   2021   2022 2018-2022 growth
  Statistics Canada   1,004,802   1,025,354   1,044,484   1,052,526   1,071,868   67,066
  City of Ottawa   1,007,501   1,030,189   1,047,417   1,064,144   1,080,155   72,654
  Ministry of Finance   1,007,501   1,028,514   1,045,705   1,054,800   1,074,710   67,209

Ottawa’s population projection from 2018 to 2022 is about 8.3 per cent higher than actual population. Therefore, the land budget for the Official Plan has unused capacity based on the Council adopted growth projections and with the Council-adopted urban expansion parcels, there is more than 15-year supply of residential greenfield demand.

In terms of Ottawa’s housing supply targets, the Province has set a target of building 1.5 million new homes by 2031, of which 151,000 would be in Ottawa. The Province also specifically noted that these are targets are not mandatory and did not alter existing municipal housing projections to align with the targets. This housing target is for housing across the city, not just new homes in the greenfield area of Ottawa. The City does not build houses but provides a planning and regulatory environment to enable the construction of new homes. Intensification opportunities within the built-up urban area and future neighbourhoods within the greenfield urban area provide sufficient supply to enable the construction of 151,000 new homes by the end of 2031.

As outlined in the 2031 Municipal Housing Pledge report (ACS2023-PRE_EDP-0009) received by Planning and Housing Committee on March 20, 2023, staff estimate that at the end of 2022, there were 153,600 dwellings that were either under construction, approved, registered, draft approved, or pending through an active application. About 64 per cent of this supply would be through intensification projects within the built-up urban area, 31 per cent in the greenfield urban area, and 5 per cent within the rural area. This supply does not include remaining designated greenfield supply without an active application, nor does it include development on Council-adopted urban expansion areas as the timing for building permits in these areas would likely occur after 2031.

Beginning in 2023, City staff started tracking development applications and the number of related dwelling units, as well as the issuance of residential building permits on a quarterly basis through the Residential Dwelling Pipeline. The pipeline, which is unrelated to the 153,600 units identified in the housing pledge, allows staff to track how many dwelling units have been permitted in comparison to the housing target. From January to September 2023, the City granted permission or approved 24,686 dwellings through development application process. The City issued building permits for 7,554 dwellings, 2,343 of which were related to the 24,686 units permitted or approved in 2023. This leaves approximately 22,335 units remaining to be built or go through further approvals in the pipeline as of Q3 2023. The Q4 2023 Pipeline report will be available in Q1 2024.

Response to be listed on the Planning and Housing Committee Agenda of January 31, 2024 and the Council Agenda of February 7, 2024

City-initiated Official Plan Amendment and Zoning By-law Amendment for Lansdowne 2.0 - update (January 17, 2024)

January 17, 2024

Dear Mayor and Members of Council,

Please find attached a memo with respect to the City-initiated Official Plan Amendment and Zoning By-law Amendment for Lansdowne 2.0.

Thank you,
Sean

To : Mayor and Members of Council
From: Sean Moore, Acting Director - Lansdowne Park Redevelopment Project, Planning, Real Estate and Economic Development Department
Subject: City-initiated Official Plan Amendment and Zoning By-law Amendment for Lansdowne 2.0 - update

The purpose of this memo is to provide Mayor and Council with an update on the City-initiated Official Plan Amendment and Zoning By-law Amendment application for the Lansdowne 2.0 Project approved by Council on November 9, 2023.

On November 24, 2023, the notice of passing for both the Zoning By-law (By-law 2023-510) and Official Plan Amendment (OPA 19) were issued to commence the 20-day appeal period, with the appeal period closing on December 14, 2023.  This serves as notification that an appeal has been received against Council’s approval of the above-noted Zoning Amendment and Official Plan Amendment from the Glebe Community Association.

The amendment, therefore, will not come into full force and effect and will require determination by the Ontario Land Tribunal for disposition.

An Ontario Land Tribunal hearing will be scheduled according to the next available date on the Tribunal’s calendar with the City’s Legal staff advocating for a date at the Tribunal’s earliest availability.

Next steps

Notwithstanding the appeal, staff continue to move forward on elements of the project approved on November 9, 2023 (ACS2023-PRE-GEN-0009).  This includes those that are targeted for a report back to Council in the second quarter of 2024, comprising of:

  • undertaking a procurement options analysis
  • development of a social procurement framework
  • development of the air rights evaluation criteria

Staff will continue to update the Mayor and Council on next steps pertaining to Lansdowne 2.0

Thank you,

Sean Moore
Acting Director - Lansdowne Park Redevelopment Project
Planning, Real Estate and Economic Development Department

Business Improvement Areas boundary adjustments – heart of Orléans & Kanata Central (December 20, 2023)

December 20, 2023

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update to Council on the Heart of Orléans and Kanata Central Business Improvement Areas boundary adjustments.

Thank you,
Don

To : Mayor and Members of Council
From: David Wise Acting Director, Economic Development and Long-Range Planning
Subject: Business Improvement Areas boundary adjustments – heart of Orléans & Kanata Central

The purpose of this memorandum is to provide an update to Council on the heart of Orléans and Kanata Central Business Improvement Areas boundary adjustments.

Following the approval of the reports on September 13, 2023, the City Solicitor and Interim City Clerk sent a notice of intention to expand the boundaries of the Heart of Orléans and Kanata Central Business Improvement Areas to all property owners in the existing and proposed expansion boundaries, with the direction to provide notice to each commercial tenant who is required to pay all or part of the taxes on the property. The objection periods started September 29, 2023 and ended on November 29, 2023.

The notification process was successful for both Business Improvement Areas. Regarding the Heart of Orléans Business Improvement Area, of the three-hundred and forty-one notice of intention letters mailed to property owners in both the existing and expansion boundary, Economic Development Services staff received nine objections, thus not meeting the threshold to discontinue the expansion. Regarding the Kanata Central Business Improvement Area, of the 211 notice of intention letters mailed to property owners in both the existing and expansion boundary, Economic Development Services staff received one objection, thus not meeting the threshold to discontinue the expansion.

Attached to this memorandum are two documents which reflects the Business Improvement Areas updated boundary areas following the expansions.

Heart of Orléans boundary [ PDF 1.006 MB ]
Kanata Central boundary [ PDF 1.184 MB ]

Should a Member of Council have any questions related to this memorandum, please contact Mike Bureau, Economic Development Officer, at mike.bureau5@ottawa.ca.

David Wise
Acting Director
Economic Development and Long-Range Planning

CC:     Executive Committee

 

City’s position on Official Plan Adjustments (Bill 150) (December 11, 2023)

December 11, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

On October 27, 2023, I provided a memorandum on the Official Plan Legislation Announcement. We have since received more information from the Province and I wish to share how this announcement impacts our Official Plan, the Infrastructure Master Plan, the Transportation Master Plan, the Development Charges By-law review, and next steps.

Bill 150, the Planning Statute Law Amendment Act, 2023 was passed by the Legislature on December 6, 2023, and has received royal assent. This Bill had the effect of removing all Provincial modifications made by the Province to Ottawa’s Official Plan, while retaining the in-effect date of November 4, 2022. This means the version of the Official Plan as previously passed by Council is now the version in force today.

Mayor Sutcliffe submitted feedback to the Province on Bill 150, the proposed Planning Statute Law Amendments Act, 2023. The comments are in Appendix 1 attached to this memo.  While the City of Ottawa had requested retention of certain modifications pertaining to retention of mid-rise heights on minor corridors, and a request for additional time to complete the Development Charge By-law, these were not included within the Bill 150 legislation due to the timing of receiving royal assent prior to the submission deadline. However, the Province has made clear that submissions by municipalities made before December 7, and submissions received through the Environmental Registry of Ontario with a deadline of December 16, 2023, would be fully considered. Staff anticipate further Provincial announcements and actions to be forthcoming, including possible further legislative steps or use of other Provincial tools.

In the meantime, the Ministry of Municipal Affairs and Housing has acknowledged receipt of Ottawa’s submission, Council’s request to retain mid-rise heights on minor corridors is understood, and the Province notes that consultations are ongoing. This also means that there are multiple existing planning applications submitted to the City relying on the additional minor corridor heights that may be delayed until further legislative action is made to enact the heights on minor corridors.

City staff will be submitting information and supporting documentation on planning costs that were incurred arising out of the Provincial decisions at a later date. These costs are related to administrative tasks such as staff and consultant time and resources on including Provincially added urban expansion areas into the Infrastructure Master Plan, the Transportation Master Plan, the Development Charges background study.

Summary on Official Plan Roll-Back to Council-approved version

Council adopted the new Official Plan through By-law 2021-386 on November 24, 2021. On November 4, 2022, the Minister of Municipal Affairs and Housing approved the new Official Plan with 30 modifications, of which 19 were policy/text modifications and 11 were schedule modifications to add six urban expansion parcels and the Village of Greely expansion parcel. Of the 19 policy/text modifications, seven increase the height on minor corridors. Through Bill 150, these have now been removed in their entirety.

At the November 8, 2023 Council, a notice of motion was presented by Councillor Gower regarding “Retain the minor corridor permissible heights in accordance with the November 2022 Ministry approval of the City’s new Official Plan”. This motion proposes to retain the minor corridor heights as noted in the above table under “Maximum Height, Provincial modification”. This motion was passed at the November 22, 2023, meeting of Council, requesting the Mayor to indicate to the Province Council’s desire to retain these Provincial modifications. These requests for modifications were submitted to the Province, have been acknowledged by Ministry staff, and remain under consideration for further Provincial direction on their status.

Of the six urban expansion parcels and the Village of Greely expansion parcel, building permits have not been issued nor has construction commenced, and Bill 150 has removed these Provincially added lands from the Official Plan.

Further modifications to Ottawa’s Official Plan remain a possibility, as the Province has communicated that submissions received by the Province prior to December 7 will be fully considered, as will any submissions to the Environmental Registry Office, with a closing deadline of December 16, 2023. As such, the Province retains the authority to introduce further actions through legislative steps or other planning tools as the Minister may deem desirable. Staff therefore do not consider this version of the Official Plan to be finalized.

Development Charges By-law

Removal of the urban expansion areas previously added by the Province has implications for the timelines of the 2024 Development Charges By-law. The identified projects in the background study requires an update to the Infrastructure Master Plan and will impact the consultation period of the 2024 Development Charges By-law to meet the legislated adoption requirements. The submission to the Province requested that the existing Development Charges By-law receive a one-year statutory extension to May 22, 2025, to provide the necessary time to update the Infrastructure Master Plan and consult on the new Development Charges By-law. Ministry staff have acknowledged this request, and staff continue to engage with the Ministry on this matter.

Staff will continue dialogue with Ministry staff and will update Council as new information arises.

Don Herweyer
Interim General Manager
Planning, Real Estate and Economic Development Department

Attachments

Appendix 1: Bill 150 feedback – Mayor’s submission

The City of Ottawa submits the following feedback with regards to Bill 150, the proposed Planning Statute Law Amendment Act, 2023, an Act to enact the Official Plan Adjustments Act, 2023 via mmahofficialplans@ontario.ca

Ottawa’s Official Plan

Thank you for the opportunity to provide feedback on the proposed legislation. Our Official Plan is the foundation for how growth and development will occur in the city of Ottawa. It is the culmination of two and a half years of consistent engagement.

Residents were engaged at every phase of policy development from early strategic directions to detailed chapters in Official Plan drafts with annotated changes outlining policy revisions. Instead of relying on a handful of public open houses, nearly 130 events were established across the city. An Ambassadors Working Group of 11 traditionally under-represented equity and inclusions communities were established. The Official Plan engaged with the First Nations, Inuit, and Métis communities in and around Ottawa. Innovative and technological tools from web polls and the Zoom platform increased opportunities to connect with diverse residents. This Official Plan is the result of over 140,000 community engagements and is grounded in extensive feedback.

Council held multiple public meetings, each multi-day events on their own to not only hear from long lists of public delegations, but to also deliberate on the feedback and concepts of the Official Plan. The Official Plan is the result of substantial thought and discussion through an open and transparent process. Starting with the growth management strategy in the spring of 2020, these public meetings can still be viewed today on YouTube.

With this in mind, we are of the opinion that many of the modifications to the Official Plan and Urban Boundary made by the Minister of Municipal Affairs and Housing are not required to achieve the strategic directions and growth management framework that are based upon extensive feedback and deliberation. The exception, however, are those modifications relating to increased maximum building heights on minor corridors. Since the Provincial approval of the Official Plan we have initiated a new comprehensive Zoning By-law review to implement the approved Official Plan, and provided our municipal commitment towards the Provincial challenge of increasing the supply of housing.  We are concerned that a failure to retain mid-rise opportunity on minor corridors will negatively impact opportunity to provide a full range of future housing supply across low, mid and high-rise building forms, as well as impact existing Planning Act applications that have already been submitted to implement these permissions and build new homes. We therefore request that all of the modifications, with the exception for those relating to maximum building heights on minor corridors, be removed from Ottawa’s Official Plan.

Specifically, with respect to Bill 150, the proposed Planning Statute Law Amendment Act, 2023, Schedule 1 to the Official Plan Adjustments Act, 2023, Table, Item 8, Column 3, we respectively submit the following modification:

Replace “None” with “Modifications numbered 7, 8, 9, 10, 12, and 13” as illustrated below.

Item Column 1 Official plan or amendment to an official plan Column 2 Date of decision under subsection 17 (34) of the Planning Act Column 3 Modifications set out in the decision referred to in subsection 1 (1) that apply to the official plan or amendment to an official plan
8. Official plan adopted by the City of Ottawa pursuant to By-law 2021-386 November 4, 2022 None Modifications numbered 7, 8, 9, 10, 12, and 13

Transitional Matters

For the purposes of this section, the “transitional period” is defined as being between the date identified in Column 2 to the Table in Schedule 1 and the date on which the Planning Statute Law Amendment Act, 2023 comes into effect. For example, if the legislation comes into effect on December 14, 2023, then the transitional period for Ottawa will be from November 4, 2022 to December 14, 2023.

We recommend that during the transitional period, the Official Plan that will be modified as per the Table in Schedule 1 is the applicable Official Plan for any Planning Act applications received. In short, our Official Plan that will be modified through this proposed legislation is retroactive to November 4, 2022.

We recommend that the proposed Planning Statute Law Amendment Act, 2023 also amend the Planning Act so that for applications made during the transitional period, potential refundable fees are paused, and further the applicable refund timeline be extended by no less than 120 days to provide sufficient time to re-process applications as needed.

We recommend that the proposed Planning Statute Law Amendment Act, 2023 also amend the Planning Act so that for applications made during the transition period, the time for the failure of the municipality from making a decision be paused, and further that the statutory timeline to make a decision be extended by no less than 120 days to provide municipalities with sufficient time to re-process applications as needed.

We recommend that the proposed Planning Statute Law Amendment Act, 2023 also amend the Planning Act so that for applications made between October 23, 2023 being the date of the Minister’s announcement on the proposed legislation, and the date the legislation comes into effect, applications are frozen from municipal processing and exempt from statutory timelines.

Development Charges By-law

The removal of the urban expansion areas added by the Province has implications for the timelines of the 2024 Development Charges By-law. The identified projects in the background study requires an update to the Infrastructure Master Plan and may impact the consultation period of the 2024 Development Charges By-law to meet the legislated adoption requirements. The Infrastructure Master Plan was scheduled to be considered by Committee and Council in October 2023 in order to provide the necessary inputs on the infrastructure projects for the Development Charges background study. Since Q1 2023, the City worked to implement the Official Plan approved on November 4, 2022, including analyzing water, wastewater, and transportation servicing requirements to the urban expansion parcels added by Provincial modification.

The removal of these parcels will require a reassessment of the necessary infrastructure for the remaining urban expansion parcels adopted by Council and update the draft Infrastructure Master Plan. The new Development Charges By-law requires adoption by Council in April 2024 in order to meet statutory timelines to establish a development charge so that growth pays for their share of growth. There is, however, insufficient time to update the draft Infrastructure Master Plan and prepare the necessary Development Charges background study with required consultation for a new Development Charges By-law by April 2024.

We therefore request the inclusion of Development Charges-related transitional provisions in the proposed legislation to extend the expiry of our current Development Charges By-law for a period of one-year (for a total of six years from enactment). This would allow until May 22, 2024 to May 22, 2025, for the enactment of a new comprehensive development charge and area specific development by-laws and would permit all of the provisions in the current by-law, including the annual indexation of the development charges. During this additional one-year period, the City will conduct the necessary update of the Infrastructure Master Plan, preparation of background studies, and a fulsome public consultation process to align with the removal of the Provincially added urban expansion parcels through this proposed legislation.

 

Ministry of Municipal Affairs and Housing
Office of the Minister
777 Bay Street, 17th Floor Toronto ON M7A 2J3
Tel.: 416 585-7000

November 16, 2023

Dear Sir, Madam

Subject: Proposed legislation to reverse previous decisions on Municipal Official Plans/ Official Plan Amendments

Further to my letter on November 2, 2023, I am writing to you to advise that on November 16, 2023, the Ontario government introduced legislation that, if passed, would reverse the official plan decisions made in November 2022 and April 2023 affecting the cities of Barrie, Belleville, Guelph, Hamilton, Ottawa and Peterborough, the regional municipalities of Halton, Niagara, Peel, Waterloo and York, and Wellington County.

The proposed legislation would wind back ministerial changes to official plans and official plan amendments, except in circumstances where construction has begun or where doing so would contravene existing provincial legislation and regulations or for public health and safety. This includes winding back changes to urban boundaries while maintaining protections for the Greenbelt.

The proposed Planning Statute Law Amendment Act, 2023, if passed, would:

  • Enact the Official Plan Adjustments Act, 2023, which would:
    • Reverse decisions affecting 12 municipalities’ official plans, issued on November 4, 2022 and April 11, 2023;
    • Approve the municipally-adopted official plans, retroactive to the date of the ministerial approval (November 4, 2022 or April 11, 2023);
    • Require decisions on outstanding applications and appeals to conform with the legislatively-approved official plans and amendments;
    • Modify limited portions of the council-adopted official plans to address potential conflicts with legislation/regulations; and
    • Introduce immunity provisions to help mitigate legal risk for municipalities and the province resulting from this legislation.
  • Amend the Planning Act to introduce immunity provisions to help mitigate legal risk for municipalities and the province in the making, amending, or revoking of minister’s zoning orders.

Additionally, the proposed legislation would amend the Planning Act to introduce immunity provisions related to the making, amending or revoking of minister’s zoning orders. While no specific changes to minister’s zoning orders are currently being made, this provision would help mitigate risk should revocations be necessary as the ministry reviews a use it or lose it policy.

Request for feedback

In my letter of November 2, 2023, I have asked municipalities to provide input by December 7. In addition, the ministry is seeking input on the proposed legislation and potential implementation considerations associated with matters arising from the reversal of the official plan decisions.

Comments can be sent through the Environmental Registry of Ontario or the Regulatory Registry postings or by email to mmahofficialplans@ontario.ca.

More information on the legislative proposal can be found on the Environmental Registry of Ontario and the Regulatory Registry at:

I look forward to receiving your feedback on this proposal.

Sincerely,

Honourable Paul Calandra
Minister of Municipal Affairs and Housing

Official Plan Amendment 212 and Jock River Floodplain updates (December 5, 2023)

December 5, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this email is to provide members of Council supplementary information referenced in a report tabled at Audit Committee on November 27, 2023 entitled Office of the Auditor General (OAG) – Investigation of Allegations Related to Planning Activities for the Conservancy Development.

At the request of members of Council, and authorized by the Office of the Auditor General, I am attaching to this email copies of the two letters that were referenced in the investigation report for your information.

If you have any questions, please contact Charmaine.Forgie@ottawa.ca.

Thank you,
Don

March 14, 2019

By email (sommer.casgrain-robertson@rvca.ca)

Ms. Sommer Casgrain-Robertson
General Manager
Rideau Valley Conservation Authority
889 Rideau Valley Drive
Ottawa, ON K4M 1A5

Dear Ms. Casgrain-Robertson,

Re: Official Plan Amendment 212 and Jock River Floodplain updates

In accordance with Council direction provided by Official Plan Amendment 212, we wanted to write you in an effort to reemphasize the importance of completing the Barrhaven community and the facilitation of development north of the Jock River, west of Greenbank and South of Strandherd Drive.

Development in this area constitutes smart planning, supporting City of Ottawa objectives associated with:

  1. Efficient use of existing infrastructure;
  2. The establishment of an enhanced Jock River corridor;
  3. Focusing growth within the existing urban area;
  4. Facilitating the provision of addition housing options and affordability.

Official Plan Amendment 212 directed that staff, in conjunction with the Rideau Valley Conservation Authority move expeditiously forward with a Jock River Floodplain update in 2018, taking into account the body of comprehensive work completed by JF Sabourin and Associates Inc. and peer reviewed by GHD Group. We understand that this process has been delayed.

We want to reinforce the support Council has expressed for this file and encourage the Rideau Valley Conservation Authority to complete the Floodplain mapping update with priority and in accordance with standard protocols. Contingency planning and a policy framework taking into account Climate Change and Public Health and Safety are priorities of the city and will be addressed as part of the development review process for these lands.

If you have any additional questions or concerns, please feel free to contact Stephen Willis, General Manager - Planning, Infrastructure and Economic Development, at Stephen.Willis@ottawa.ca.

Sincerely,                                        

Jim Watson Mayor
City of Ottawa

Stephen Willis, MCIP, RPP General Manager
Planning, Infrastructure and Economic Development, City of Ottawa

Cc: Jan Harder, Councillor - Ward 3

 

November 7, 2019

By email (sommer.casgrain-robertson@rvca.ca)

Members of the RVCA Executive Committee
Rideau Valley Conservation Authority
889 Rideau Valley Drive
Ottawa, ON K4M 1A5

Re: November 7, 2019 Hearing – Application under Ontario Regulation 174/06 concerning placement of fill in sections of the Jock River Floodplain

Please accept this letter as confirmation of the City of Ottawa’s support for the approval of the above noted application. In accordance with Council direction provided by Official Plan Amendment 212, we wanted to write to reemphasize the importance of completing the Barrhaven community and the facilitation of development north of the Jock River, west of Greenbank and South of Strandherd Drive.

Development in this area constitutes smart planning, supporting City of Ottawa objectives associated with:

  1. Efficient use of existing infrastructure;
  2. The establishment of an enhanced Jock River corridor;
  3. Focusing growth within the existing urban area;
  4. Facilitating the provision of additional housing options and affordability.

We want to reinforce the support Council has expressed for this file, founded on the comprehensive work completed by the applicant and its consulting team, validated by third party peer review. Further, we can confirm that the proposal is consistent with City of Ottawa Official Plan and applicable Provincial Policy and we encourage the Rideau Valley Conservation Authority to expeditiously complete the necessary permitting in order for modifications to the Jock River floodplain be completed accordingly.

If you have any additional questions or concerns, please feel free to contact me directly. 

Regards,

Lee Ann Snedden
Director of Planning Services / Planning, Infrastructure and Economic Development Department

Streamline Development Approval Fund (November 30, 2023)

November 30, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to update Members of Council on the City of Ottawa’s submission for funding through the Ontario government’s Streamline Development Approval Fund (SDAF).  Streamline Development Approval Fund

In January 2022, the Province announced $45 million for a new Streamline Development Approval Fund. The fund was introduced to help Ontario Municipalities streamline and accelerate processes for managing and approving development applications. The City of Ottawa secured $1.75 million dollars from this fund.

As required in the Transfer Payment Agreement, the City of Ottawa, through the Planning, Real Estate and Economic Development Department has submitted the final report to the Province of Ontario.

SDAF funding was used to prepare for changes required by Ontario legislation Bill 23 and Bill 109. The projects to support the necessary changes included clearing existing backlogs, making alterations to transportation impacts assessments, and preparing the City’s IT infrastructure for increased online consultation. Other works included assisting with the development of a new comprehensive Zoning By-law, planning service fee review and community planning permit system.

The list of projects submitted by the City and their approximate costs are:

Project Title Approximate Cost
Community Improvement Plan that includes housing incentives $76,000
Community Planning Permits System $71,000
IT Retrofit for Public Consultation $71,000
Making planning Terms of Reference AODA compliant $4,500
Plan of Subdivision post-approval process review $91,000
Revisions to Transportation Impact Assessment guidelines $68,000
Temporary Staffing $940,000
Zoning By-law Neighbourhood Zoning Review $160,000
Zoning By-law Protected Major Transit Station Areas Review $62,500

If you have any questions, please contact Charmaine Forgie (Charmaine.Forgie@ottawa.ca).

Don Herweyer, MCIP, RPP
General Manager, Planning, Real Estate, and Economic Development Department
110 Laurier Avenue West
Ottawa, ON K1P 1J1
613-580 2424, ext. 16150
613-560 1273 Fax 

Hunt Club Road Pine Plantation Acquisition Feasibility Assessment (November 22, 2023)

November 22, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to outline the City's position regarding the Red Pine Plantation along Hunt Club Road and respond to Councillor Brockington's motion regarding acquisition of this land from the City Council meeting of February 23, 2022.

The memo and Councillor Brockington's original motion are attached.  

Thank you,
Don

Summary

At its February 23, 2022 meeting, Ottawa City Council approved a motion to commence discussions between the City, the National Capital Commission and the Airport Authority related to the red pine plantation at 660 Hunt Club Road. The motion consisted of three actions, which have been completed.

After contracting and conducting an external evaluation of the plantation, Natural Systems and Rural Affairs staff recommends the City not acquire the woodlot. In the opinion of Natural Systems and Rural Affairs:

  1. Acquiring the woodlot would contribute very little value to the City’s urban greenspace and natural heritage system;
  2. Reducing the public safety risk from damaged or unhealthy trees to an acceptable level would require clearcutting and replanting of the woodlot

Management of the woodlot to improve biodiversity and reduce public risk would have substantial operational costs, with minimal offsetting revenues.

In addition to the significant costs of acquiring and managing the woodlot, the City’s Environmental Remediation Unit has identified contamination issues, along with substantial investigation costs and potentially significant remediation costs, and possible long-term liabilities.

On November 20, 2023, the Ottawa Airport Authority publicly announced its intention to begin clearing of the plantation. Due to Federal ownership of the property, it is not subject to the City of Ottawa’s Tree Protection By-law. Any future development of these lands would be subject to the City’s Official Plan and Zoning By-law and site plan control process.

Forest Condition and Management Assessment

As part of the staff response to Council’s direction, the Corporate Real Estate Office (CREO) and the Natural Systems and Rural Affairs Branch (NSRA) sought an external forestry consulting company to complete an assessment of the plantation. The contract required the consultant to provide the following services:

  • Survey and inventory the forest;
  • Assess the condition and overall health of the forest;
  • Identify the management actions necessary to:
    • Ensure the future health of the forest;
    • Diversify the canopy and understory of the forest;
    • Improve the quality of the forest as wildlife habitat;
    • Make the plantation safe for recreational walking.

The main deliverables of the assignment were:

  • A site survey and inventory;
  • A report, certified by a Registered Professional Forester, including:
    • The site survey and inventory;
    • The results of the condition and health assessment;
    • The proposed management plan for achieving the management objectives.

After a competitive contracting process, the City hired FSmith Consulting Inc. for the project. The work was carried out by Registered Professional Foresters (RPFs), as required by the Ontario Professional Foresters Act, and the project was managed by RPFs in the City of Ottawa’s Natural Systems and Rural Affairs Branch.

Assessment of a Red Pine Plantation near Hunt Club Road, Ottawa [ PDF 8.852 MB ]

The assessment of the woodlot and the development of management options were conducted in accordance with normal professional practices and standards.

Overall, the assessment concluded:

  • The plantation is severely over-stocked
  • The surviving trees are in a high-stress condition due to competition and other natural factors
  • If thinning were to occur, the potential for any growth recovery of remaining trees is low, or would be delayed for many years, due to the small crown volumes
  • The risk of residual trees breaking, bending or otherwise falling over is currently high, and would increase proportionally with the amount and pattern of any thinning operation.

Forest Management Options

The assessment identified and evaluated six management options, in increasing magnitude of intervention.  Options 2 to 6 would require buckthorn removal and control prior to any cutting to prevent proliferation and to allow regeneration of native species.

  1. Do nothing: acquire the land and let nature take its course, or do not acquire the land.
  2. Very light thinning using crop tree approach (10% basal area).
  3. Light row thinning with follow up thinning in ten years (20% basal area).
  4. Traditional row thinning (30% basal area).
  5. Restoration thinning to create canopy gaps (row thinning with creation of 20 m diameter gaps).
  6. Clearcut and restoration.

Due to the low biodiversity of the plantation, the opportunities for restoration improve with the magnitude of intervention, while the hazard from damaged or diseased trees decreases with the magnitude of intervention. From both perspectives, Option 6 provides the best opportunity for increasing long-term biodiversity and managing public risk. In fact, in staff’s opinion, Options 1 to 5 do not adequately address the risk to the public from damaged or diseased trees. Consequently, after reviewing the options, City staff directed the consultants to base their management recommendations on Option 6.

Preferred Management Plan

Under Option 6, clearcut and restoration, the consultants outlined the following management steps:

  1. Buckthorn control
  2. Marking and marketing of timber
  3. Harvesting
  4. Site preparation
  5. Planting
  6. Tending
  7. Monitoring and assessment
  8. Public outreach and education

The management plan would extend over a period of 30 years or more.  Given the length of the plan, development of a reliable cost estimate is not feasible. However, the interventions would be substantial, and the overall cost would greatly exceed the revenue of approximately $25,000 to $30,000 from the initial harvest of red pine.

Implementation of the management plan would disrupt public use of the woodlot. For public safety, access to the woodlot would need to be prohibited until conclusion of the harvesting phase. Subsequent access would need to be restricted periodically through the site preparation, planting and tending stages to allow successful restoration of the site.

Conclusion

The plantation has low biodiversity and poses an unacceptable risk to public safety from damaged and unhealthy trees. Improving the biodiversity of the site and reducing the risk to public safety would require substantial intervention and long-term management. In the event of acquisition, the preferred option would be to clearcut the forest, fully replant the site, and implement a long-term adaptive management plan. The cost of such a plan would greatly exceed any revenues from the initial harvesting.

Under all options, the City would be required to restrict public access to the plantation to protect public safety or to carry out restoration actions. Such restrictions would likely create a continuing friction with residents currently engaged in unauthorized use of the site for dog walking and passive activities. Given the likelihood of continued unauthorized access, ownership of the woodlot would create an on-going enforcement pressure as well as potential legal and financial liabilities.

In the opinion of the Corporate Real Estate Office and Natural Systems and Rural Affairs unit, acquisition and management of the plantation would provide little benefit at substantial cost and risk. The City’s resources are better directed at current efforts to protect and grow the urban forest, and to ensure safe, equitable public access to urban greenspace.

City Council, Standing Committee and Commission

City Council Agenda
Motions Requiring Suspension of the Rules of Procedure

Re: Red Pine Forest

Moved by:         Councillor R. Brockington
Seconded by:     Councillor D. Deans

That the Rules of Procedure be suspended to consider the following motion in order that the City may engage with the NCC and the Airport Authority at the earliest opportunity.

WHEREAS the Ottawa International Airport Authority plans to allow development on a 10 acre red pine plantation, along the southside of Hunt Club Road, between Paul Anka Drive and Billy Bishop Private,

WHEREAS there is considerable community and environmental concern with the plan to cut trees in the red pine forest; and large contiguous forest areas are normally protected when the City has authority; and

WHEREAS the City is prepared to work with the Airport Authority to find a solution that allows them to lease the site for a use that requires less cutting of trees, protection of a corridor link between Hunt Club and the forest to the south, and/or explore a swap of lands;

THEREFORE BE IT RESOLVED THAT Council:

  1. Request that the National Capital Commission review its authorities under section 12.1 and 12.3 of the National Capital Act to assess whether it can require the Airport Authority to pause any removal of trees and prior to approval of a new plan for the Hunt Club frontage by the Commission that would retain more trees and connectivity to the remaining forest; and
  2. Request that a delegation of Council comprised of the Mayor or his designate, one of the co-Chairs of the Planning Committee, and Ward Councillors Deans and Brockington meet with the City’s nominees to the Board of the Airport Authority to express Council’s concern with proceeding with tree cutting before further negotiations on the future of the red pine forest are completed; and
  3. Authorize the General Manager of Planning, Real Estate and Economic Development and his designates to explore the feasibility of a land swap and report back to Council on their findings.

Official Plan Provincial Legislation Announcement (October 27, 2023)

October 27, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

On Monday, October 23, Ontario’s Minister of Municipal Affairs and Housing announced the Province is reversing changes it made to the Official Plans, including Ottawa’s Official Plan. The reversal includes changes to urban boundaries, except where construction has begun or where doing so would contravene existing provincial legislation and regulation.

Beyond this announcement no further information has been provided by the Province. As a reminder there were 30 provincial modifications to Ottawa’s Official Plan, of which 19 were policy modifications and 11 schedule modifications to add six urban expansion parcels, and the Village of Greely expansion parcel. These changes were made by the former Minister of Municipal Affairs and Housing to the Council adopted Official Plan. Two memorandums on these modifications were provided to Council last year (see attached).

Next steps

The Ministry is asking impacted municipalities, including Ottawa, to submit changes and updates to their plans within 45 days of the October 23 annoucement – December 7, 2023. This would include information on projects already underway.

Staff are awaiting further details from the Province on the scope of the 45-day submission period and potential timing of the proposed legislation. It is not yet clear if impacted municipalities can only submit changes and updates related to the provincial modifications or if additional changes could be requested. During this period staff will also consider what related planning and staffing costs were associated with the modifications. A second memorandum to Council will be provided once more information has been received from the Province.

Staff have started a review of development projects that rely on any of the past modifications and their status. No construction has begun on any of the urban or village expansion areas.

Staff have also moved forward to implement the directions of the approved Official Plan through the Infrastructure Master Plan, Transportation Master Plan, Development Charge by-law update, new Zoning By-law, and even the Urban Transit Area tax that will be tabled with the 2024 budget. Staff will review what implications the proposed legislation and Official Plan changes will have on these projects.

Until further information is received from the Province the Infrastructure Master Plan scheduled to be considered at a Joint Committee meeting on October 31, 2023, will be postponed for a few weeks and the new date will be communicated in the coming days.

Please contact me if you have any questions or concerns.

Don Herweyer
Interim General Manager,
Planning, Real Estate, and Economic Development Department

SUPPORTING DOCUMENTATION

  • Memo: Official Plan Decision – November 8, 2022
  • Memo: Final Amendments and Passage of Bill 23, More Homes Built Faster Act 2022 – December 5 2022

Long-Term Electricity Procurement Update - Final LT1 RFP Posted (October 18, 2023)

October 18, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update regarding Municipal Support Resolutions required for energy storage systems and renewable energy generation facilities under the Independent Electricity System Operator. This memo outlines the current process, staff’s approach, and next steps for requests.

Thank you,
Don

Further to the direction to staff at the February 22nd meeting of City Council, as well as the September 29 update the Independent Electricity Systems Operator (IESO) below, please be advised that PRED staff are aware of approximately 5 proposed energy storage projects, all within the Rural Area, that are seeking to obtain a ‘Municipal Support Resolution’ in advance of IESO’s deadline of December 12, 2023.

Evidence of municipal support by way of a Municipal Support Resolution is required for projects to proceed. While proponents are given 18 months following the December 12th deadline to submit such evidence, projects that include a Municipal Support Resolution as part of their bid submission are granted additional Rated Criteria points and therefore have a better chance of being selected. Proponents are also required to develop a community engagement plan and undertake public consultation that includes at least one public meeting.  Staff are advising proponents to communicate with your offices to make you aware of those meetings.

In keeping with the Council’s direction for such requests to be considered through the relevant Standing Committee and Council, and in accordance with the timelines provided in the LT1 RFP, staff are intending to bring a report to the November 30 Agricultural and Rural Affairs Committee on projects which conform to the Official Plan and Zoning By-law in effect.  Note that a Municipal Support Resolution does not preclude any and all other regulatory, permitting, zoning and siting requirements that will apply to these projects.

In mid-October, draft zoning provisions to regulate energy storage systems and renewable energy generation facilities are expected to be received from the consultant hired to prepare the provisions. Once the provisions are received, they will be distributed for review to rural and urban Councillors who have lands in their wards where renewable energy generation facilities are permitted by Official Plan policies. Consultations with interested stakeholders and the general public will begin once Councillors have been advised of the directions in the draft provisions. Given the delay in receiving the draft provisions from the consultant, it is expected that a zoning by-law amendment to implement new provisions for energy storage systems and renewable energy generation facilities, originally anticipated for Q4 2023, will now be brought to Council for approval in Q1 2024.

For more information on the IESO’s Long-Term Request for Proposals (LT1 RFP), please see link as well as the latest IESO update, please see link. Please note that this procurement pertains only to energy storage systems, not renewable energy generation facilities.

For more information specifically on energy storage systems, please see link.

Staff would be pleased to meet with you should you require more information at this time.

Sincerely,

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development Department

Tewin Area Tree Cutting Investigation and Enforcement Update (October 10, 2023)

October 10, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update on the City’s investigation of the tree cutting that occurred last winter near the Tewin growth area. City staff have continued to monitor the activities at the site since they were made aware of the incident.  The City, the ownership group and the parties working on site continue to communicate and ensure the activities adhere to the farming exemption under the Tree Protection By-law.

Through onsite monitoring, Staff have observed that the site is being actively prepared for farming use. The focus this fall will be the installation of the tile drainage and the planting of the first crops on the site. The site is being prepared in sections and the farmer will be planting section by section as each area is ready. The first sections are being levelled which is the preparation required in advance of installing tile drainage.

The enforcement period for by-laws under the Municipal Act is six months. The enforcement period for the tree cutting activities on this site ended in August 2023. Prior to the end of the six-month period, staff concluded that the site is being actively prepared for cultivation and that the site activities are consistent with applicable preparation to plant crops for farming. As such, the farming exemption under the Tree Protection By-law stands, and there was no enforcement required.

Staff are currently working on an amendment to the Tree Protection By-law in response to the outstanding Council Motion and Direction on the normal farm practices exemption. This work is expected to be completed by mid-November and staff will bring a report outlining proposed changes to the following Environment and Climate Change Committee meeting.

Thank you,

Don Herweyer
Acting General Manager, Planning, Real Estate and Economic Development

Brian Coburn Extension and Cumberland Transitway (Navan Road to Blair Road at Innes Road) Environmental Assessment Study (September 13, 2023)

September 13, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to update the Mayor and Members of Council on the Brian Coburn Extension and Cumberland Transitway Environmental Assessment (EA) Study since Council approved the study’s recommendations on March 23, 2022, and that staff will proceed with the formal filing of the EA reports as required by the Ontario EA Act.

If you have any questions, please reach out to Vivi Chi (vivi.chi@ottawa.ca).

Thank you,

Don

Brian Coburn Extension and Cumberland Transitway (Navan Road to Blair Road at Innes Road) Environmental Assessment Study [ PDF 1.123 MB ]

2023 Commuter Attitude Survey (September 6, 2023)

September 6, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide an overview of the upcoming 2023 Commuter Attitude Survey.

The City of Ottawa and its partner agencies are planning to conduct a telephone survey in Q3 2023. During the survey, information on residents’ travel attitudes and perspectives will be collected from approximately 3500 randomly selected individuals, complementing the results from the 2022 Origin-Destination (OD) Survey. Since the last Commuter Attitude Survey was completed in 2013, much has changed, and it is important to understand how residents view the transportation system to support transportation planning and decision-making.

The survey is a joint initiative of the TRANS Committee and is being funded by the cities of Ottawa and Gatineau, the National Capital Commission, the Société de transport de l’Outaouais, and Quebec’s Ministère des Transports et de la Mobilité durable. TRANS members have been working together for over 43 years to co-ordinate transportation data collection and analysis in the National Capital Region.

R.A. Malatest and Associates Ltd. has been retained to carry out the survey on behalf of the TRANS Committee, at a budget of around $180,000, with the City of Ottawa’s share being approximately $94,000.

The Commuter Attitude Survey is completely voluntary and will be conducted through confidential phone interviews. The information collected will be used to help understand current mobility patterns and the factors that influence people’s travel choices. The survey also includes questions related to hybrid work to better understand how commuting patterns are evolving. The results will be used to help plan the region’s walking, cycling, transit, and road networks and inform investment priorities. In particular, the survey provides an opportunity to gain insight into any trends that may emerge from the recently completed OD Survey.

The first wave of survey phone calls is expected to start the week of September 11, 2023, and continue throughout October. The survey aims to achieve a representative sample of responses throughout the National Capital Region, including commuters within the urban and rural areas who make regular trips for work, school, or volunteer purposes. Response targets have been set for different areas of the region to ensure a broad representation of respondents. Response rates will be carefully monitored, and the calling strategy will be adjusted as the survey progresses to ensure the targets are met.

If you have any questions, please contact Jennifer Armstrong, Program Manager, Transportation Policy & Networks (JenniferM.Armstrong@ottawa.ca, 613-580-2424, Ext. 22899).

Zoning By-Law Amendment – 1081 Carling Avenue (August 22, 2023)

August 22, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

Please be advised that a motion will be brought forward at the City Council meeting on August 23, 2023, for the Zoning By-law Amendment concerning 1081 Carling Avenue. The motion will address the need to return the item to Planning and Housing Committee and reissue the Notice of public meeting in accordance with the Planning Act.

The August 16th Planning and Housing Committee served as the statutory public meeting for the Zoning By-law Amendment concerning 1081 Carling Avenue. Following the meeting, it was determined that the Notice of Public Meeting was not provided to all interested parties in accordance with the notification requirements of the Official Plan and the Planning Act.

Specifically, Agriculture and Agrifood Canada and the National Capital Commission did not receive proper notice. To ensure the integrity of the process, City Council are being asked to pass a motion to have the item return to Planning and Housing Committee along with the provision of a new Notice and publication of the staff report to ensure that proper notification takes place in accordance with the Planning Act. The forthcoming September 20, 2023 Planning and Housing Committee will act as the statutory public meeting for the application, and a new recommendation will be put forth by the Committee.

In addition, the City is now in receipt of a revised Cultural Heritage Impact Statement(CHIS) related to this application which provides updated analysis of the potential impacts of the proposed development on the heritage value and character defining elements of the Central Experimental Farm National Historic Site of Canada. Staff have reviewed the updated CHIS and have determined that it meets the City’s requirements. The updated CHIS has been posted online to the City’s DevApps page.

Sincerely,

Don Herweyer
Interim General Manager, Planning, Real Estate and Economic Development Department

Planning, Real Estate and Economic Development (PRED) Work Program (August 15, 2023)

August 15, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

Please find attached a memo with respect to the Planning, Real Estate and Economic Development (PRED) Work Program.

 

Thank you,

Don

 

PURPOSE

The purpose of this memo is to update Council on the Planning, Real Estate, and Economic Development Department (PRED) Work Program, attached as Document 1. The attachment contains the list of the PRED Work Program focusing on major projects that will typically rise to committee and council for approval with the targeted timelines.

City staff hosted a publicly advertised PRED Work Program Councillor Workshop on May 29, 2023. Councillors had the opportunity to attend and see a visual representation of what was on the proposed PRED Work Program for this term of Council and beyond.

Councillors were given the opportunity to discuss projects with the Departmental Leadership Team of PRED who were present to answer questions, provide additional insight, and receive feedback. Councillors were also given the opportunity to indicate up to five priorities and five non-priorities for PRED’s consideration.

This memo provides a projection of the Work Program and key initiatives for the Planning, Real Estate and Economic Development Department (PRED) for 2023-2026 which was shared with Council in May. The information herein was collected using an “above the line” and “below the line” approach for projects:

  • Above the line – staff can action these projects within current funding or resources levels;
  • Below the line – staff are unable to action these projects during this Term of Council as they do not have the required funding or resource levels to achieve in 2023-2026.

To move a project from below the line to above the line, a new funding source is required, or a project that is above the line needs to be reprioritized.  

An update in Q1 2025 will be provided to Council for any timelines changed or additional or revised projects.

If you have any questions, please contact Charmaine Forgie (Charmaine.Forgie@ottawa.ca).

​​Don Herweyer
Interim General Manager,
Planning, Real Estate, and Economic Development Department

 SUPPORTING DOCUMENTATION 

Document 1 - PRED Work Program – 2023-2026

Underway

Project Name Start Date End Date Committee
Tewin Secondary plan and engagement Q1 2023   Q4 2026 PHC
Barrhaven LRT – Stage 3 EA 2018 2024  
Climate Change Master Plan – Notable Items  
  1. Climate Resiliency Strategy
  2. Energy Evolution
  3. Annual Status Update and GHG Emission Inventories
  4. Carbon Budget
  5. Climate Communications Strategy
Q1 2019 Ongoing ECC or other as required
Lansdowne 2.0 – Stakeholder Engagement 2020 Q2 2024 FINCO
Greenfield/Future Neighbourhood Urban Expansion Areas Process and Departmental Coordination   Q1 2023 Q3 2023   PHC
Active Transportation Projects – Design and delivery – Previously approved Active Transportation Project Lists (TMP)   Ongoing  
15 Minute Neighbourhoods – Update Report Q3 2023 Q2 2025 PHC
Neighbourhood Traffic Calming Program   Ongoing  
Energy Evolution – Notable Items  
  1. Fund the Evolution - Climate Change Strategic Initiative
  2. Energy Evolution - 2025 Update
  3. High Performance Development Standard
  4. OC Transpo Alternative Fuels Program
  5. Better Homes Ottawa Loan Program
  6. Better Buildings Ottawa Strategy and Programs
  7. Energy Efficiency Incentive Community Improvement Plan
  8. Municipal Buildings Renewal and Retrofit Program
  9. Community Heating Strategy
  10. Community Heating Strategy - WET project
  11. Private Action and Education and Outreach Program
  12. Green Building Policy Update
  13. Electricity Resource Strategy - Distributed Energy Resources Framework
  14. Personal Electric Vehicle Strategy
  15. Electric Vehicle Strategy - Corporate EV Policy
Q2 2017 Ongoing ECC and others as required
Rideau Canal – Cultural Landscape Study Q4 2022 Q2 2024 BHC
Parliamentary & Judicial Precinct Projects Q1 2020 Ongoing PHC
Pinecrest/Queensview – Secondary Plan Q3 2019 Q1 2024 PHC
CIP Program - Review Q1 2020 Q3 2023 FINCO
Byward Market – Strategic Alignment Initiative Q1 2020 Q2 2023 FINCO
Ottawa Stadium Park Visioning 2020 Q4 2023 FINCO
2024 DC Bylaw Update & CBCs Q3 2022 Q2 2024 FINCO
Economic Development Strategy - Develop Q3 2022 Q4 2023 FINCO
Deschaletets Building - Leasing Q1 2021 Q1 2024 FINCO
Bank Street - Land Acquisition for Infrastructure Project   Q4 2025 FINCO
Front Ending Policy Update 2022 Q4 2027 FINCO
1770 Heatherington – Finalization of RSC and CPU 2022 Q4 2023 FINCO
Byward Market & Lowertown – Heritage Conservation District Update Q1 2021 Q4 2023 BHC
ATV, ORC and Snowmobile By-law and network review Q3 2023 Q2 2024 TRC
Community Planning Permit Pilot 2021 Q3 2024 TRC
Brian Coburn/Cumberland Transitway  EA (Navan Road to Blair Station) 2018 TBD TRC
Heritage Program – Indigenous Engagement Strategy Q2 2023 TBD BHC
Barnsdale Interchange – EA (an MTO study) 2021 Q4 2023  
TRANS Origin-Destination Survey 2019 2024  
TRANS Program – Transportation Model Updates (various) 2022 2024  
Bill 109 – Revised TIA Guidelines 2022 Q3 2023  
Low Rise Infill Housing Urban Design Guidelines Q1 2019 Q2 2023 PHC
3D Digital Twin initiative Q3 2021 Q1 2025 PHC
Community Improvement Plan(s) - Review 2020 Q3 2023 FINCO
New Zoning Bylaw Comprehensive Re-Write 2020 Q4 2025 PHC
Tree Planting Strategy Q1 2023 Q4 2025 ECC
Riverside South Secondary Plan Q1 2020 Q1 2024 PHC
Lincoln Fields Station Area – Secondary Plan Q3 2017 Q1 2024 PHC
Public Realm project – Hintonburg Pump House restoration and site improvements Q2 2021 Q4 2024 PHC
Vacant Industrial Land Survey, monitoring of vacant industrial land supply Q1 2021 Ongoing PHC
Public Realm project - Waller Pedestrian Mall redevelopment Q1 2021 Q4 2023 PHC
Public Realm project - Hickory Street Woonerf Q2 2022 Q2 2024 PHC
E-Scooter Pilot Project 2020 Q4 2024 TRC
Coventry Road Widening  EA (Belfast Road to St. Laurent Boulevard) 2023 2025 TRC
2263 Portobello Road - Remediation Q1 2023 Q4 2024 FINCO
Ottawa-Gatineau Downtown Pedestrian Wayfinding initiative Q2 2017 Ongoing PHC
Gladstone Development Plan 2023 Ongoing FINCO
949 Heron Road - Remediation Q2 2023 Q4 2023 FINCO
Affordable Housing Working Group 2021 Q4 2023 FINCO
2121 Huntley Road – Env. Support for site improvements 2023 2024 FINCO
1010 Somerset St West - Finalization of the risk assessment 2020 Q4 2023 FINCO
New Invest Ottawa & Ottawa Tourism – Multi Year Funding Agreements Q2 2023 Q4 2024 FINCO
OP Implementation Engagement 2022 2023 Q1 2024 FINCO
Ditch Alteration – Council Sponsorship Group 2023 2025 FINCO
Rental Replacement 2021 Q2 2024 FINCO
Torbolton Yard - Remediation 2022 Q4 2023 FINCO
OCLDC Mandate Updates Q2 2023 Q3 2023 FINCO
Canopy Cover Study – 5 Year Urban Monitor Report Q4 2021 Q1 2024 ECC
Community Environmental Project Grants Program - Delivery Q1 2020 Ongoing ECC
Rural Community Building Grant Program   Ongoing ARAC
Ottawa Smart Farm 2019 Q4 2023 ARAC
Area XO – Building lease 2019 Q4 2024 ARAC
Site Alteration By-law - Update Q3 2021 Q4 2023 ARAC
Rain Ready Ottawa pilot program Q1 2019 Q2 2024 ECC
Provincial Bills – 109 & 23 2022 Q4 2027 FINCO
Streamline Funding Application 2022 Q4 2023 FINCO
Historical Land Use Inventory - Update 2021 Q4 2023 FINCO
Wildlife Strategy - Review Q2 2023 Q4 2023 ECC
Ontario Heritage Act reform – Bills 108 & 23 Q3 2021 Q1 2024 BHC
ByWard Market Public Realm Plan - 70 Clarence redevelopment Q2 2022 Ongoing FINCO
Review of Heritage Register listings Q1 2023 Q1 2025 BHC
Heritage Planning – Conservation District review and new district development workplan Ongoing Q1 2024 BHC
Transportation Demand Management Program   Ongoing  
Tremblay Multi Use Pathway Connection (Terminal Avenue to Tremblay Station) – EA Study 2022 2024 TRC
St Laurent Boulevard Transit Priority Corridor – EA Study (Hemlock to Innes/Industrial) 2022  2024 TRC
Huntmar Road Widening (Palladium to Maple Grove) and Stittsville Main Street Extension EA (Maple Grove to Robert Grand)  2021 2023  
Ottawa Hospital Multi Use Pathway – EA Study 2023 2024 TRC
Bank Street Active Transportation Improvements and Transit Priority Measures Feasibility Study (Rideau Canal to Highway 417) 2023 2025    
Transportation Data Analysis & Modelling to Support City Initiatives   Ongoing  
Transportation Master Plan – Update & Related Studies 2019 2025 TRC
Development Programs (Development Sidewalk Programs, Network Modification Program, Intersection Control Measures Program)   Ongoing  
Development Review (Circulations)   Ongoing    
Planning and Design Guidelines (Development Review)   Ongoing    
Municipal Consent Procedures - Review Q1 2022 Q3 2023 TRC
Municipal Access Agreements - Updates Q3 2020 Ongoing TRC
Local Improvement & Ditch Alteration Q2 2019 Ongoing PHC
Site Plan By-law - Review 2022 Q1 2024 PHC
New Official Plan - Implementation 2021 TBD PHC
Renewable Energy Generation Facilities Q1 2023 Q4 2023 PHC
Bill 23 – PMTSA Implementation Q2 2023 Q4 2023 PHC
Population & Household Estimates - Review Q3 2022 Q1 2024 PHC
City infrastructure projects -Hydro Wire Burial Policy - Update 2022 Q4 2023 TRC
Land Management Solution – Release 2 for Planning Services, Right of Way, Heritage and Urban Design, and the Committee of Adjustment 2022 2025 PHC
OP Implementation – 2023 Major Amendments Q1 2023 Q3 2024 PHC
Use and Care of Roads By-law – Little Libraries and Front Yard Gardening amendments Q2 2023 Q2 2024 TRC
Greenfield Residential Land Survey, monitoring of vacant urban residential land supply Q4 2022 Ongoing PHC
Rural Residential Land Survey, monitoring of vacant rural residential land supply Q4 2022 Ongoing ARAC
OP Monitoring Q1 2022 Q3 2023 PHC
Low-rise development Urban design guidelines 2022 Q4 2023 PHC
Property Rights System – Creation for LRT 1 Q1 2021 TBD PHC
Impervious – Stormwater Taxation Analysis Q2 2023 Q3 2024 PHC
Aerial Photo Acquisition Program Q3 2022 Ongoing PHC
Surety Bonds Pilot Q3 2022 Q4 2023 PHC
Heritage Management Plan 2022 TBD PHC
Employment Survey Q1 2023 Q2 2024 PHC
Greenspace and Urban Forest Master Plan Q4 2021 Q4 2024  
Rural Summit Q1 2023 Q1 2025  
Tree Bylaw Amendment: Reduced diameter for distinctive trees in suburbs Q2 2023 Q4 2023  
Accelerate Disposal and Preparation of City-owned Lands for Housing 2023 Ongoing  

2023 to be initiated

Project Name Start Date End Date Committee
Economic Development Strategy - Implementation Q4 2023 Q4 2026 FINCO
Nightlife Economy Action Plan - Implementation Q3 2023 Q4 2026 FINCO
Climate Change Master Plan – 2025 Update Q3 2023 Q3 2025 TRC
ByWard Market Public Realm Master Plan implementation – William St., ByWard Market Square, and York St. Q3 2023 TBD PHC
Urban Design Guidelines – Mid Rise Buildings Q3 2023 Q3 2024 PHC
Various Urban Design Guidelines development or review Q3 2023 TBD PHC
W1 Kanata North/South March Greenfield/Future Neighbourhood Secondary Plan Q3 2023 Q4 2027 PHC
W2 North Stittsville Greenfield/Future Neighbourhood Secondary Plan Q3 2023 Q4 2025 PHC
W3 West Stittsville Greenfield/Future Neighbourhood Secondary Plan Q3 2023 Q4 2025 PHC
S3 Bowesville/Riverside South Greenfield/Future Neighbourhood Secondary Plan Q3 2023 Q4 2025 PHC  
Urban Growth Areas – Environmental Studies Q3 2023 Q4 2025  
South Bear Brook Subwatershed Study Q4 2023 Q4 2025 ARAC
Terms of Reference for a study on the economic potential of rural lands between Bowesville O-Train station and Rideau Carelton Raceway Q3 2023 Q2 2024 PHC, potentially ARAC

2024

Project Name Start Date End Date Committee
Economic Development Strategy - Implementation Q4 2023 Q4 2026 FINCO
Nightlife Economy Action Plan - Implementation Q3 2023 Q4 2026 FINCO
Climate Change Master Plan – 2025 Update Q3 2023 Q3 2025 TRC
ByWard Market Public Realm Master Plan implementation – William St., ByWard Market Square, and York St. Q3 2023 TBD PHC
Urban Design Guidelines – Mid Rise Buildings Q3 2023 Q3 2024 PHC
Various Urban Design Guidelines development or review Q3 2023 TBD PHC
W1 Kanata North/South March Greenfield/Future Neighbourhood Secondary Plan Q3 2023 Q4 2027 PHC
W2 North Stittsville Greenfield/Future Neighbourhood Secondary Plan Q3 2023 Q4 2025 PHC
W3 West Stittsville Greenfield/Future Neighbourhood Secondary Plan Q3 2023 Q4 2025 PHC
S3 Bowesville/Riverside South Greenfield/Future Neighbourhood Secondary Plan Q3 2023 Q4 2025 PHC  
Urban Growth Areas – Environmental Studies Q3 2023 Q4 2025  
South Bear Brook Subwatershed Study Q4 2023 Q4 2025 ARAC
Terms of Reference for a study on the economic potential of rural lands between Bowesville O-Train station and Rideau Carelton Raceway Q3 2023 Q2 2024 PHC, potentially ARAC

2025

Project Name Start Date End Date Committee
Beechwood/St Laurent North Secondary Plan Q1 2025 Q4 2026 PHC
South Keys Secondary Plan Q2 2025 Q4 2027 PHC
S4 Leitrim West Greenfield/Future Neighbourhood Secondary Plan Q1 2025 Q4 2026 PHC
E4 Cardinal Creek Village North Greenfield/Future Neighbourhood Secondary Plan Q1 2025 Q4 2026  
Private Approaches By-law review Q1 2025 Q4 2025 PHC
North Gower Village Plan Q1 2025 Q4 2026 ARAC
Constance Bay Village Plan Q1 2025 Q4 2026 ARAC
Carp Village Plan Q1 2025 Q4 2026 ARAC
Greely Village Plan Q1 2025 Q4 2026 ARAC
Manotick Village Plan Q1 2025 Q4 2026 ARAC
Richmond Village Plan Q1 2025 Q4 2026 ARAC
Rural Villages Consolidated Secondary Plan Q1 2025 Q4 2026 ARAC
Village of Richmond Industrial Conversion Area – Specific Plan Q1 2025 Q4 2026 ARAC
Private Approach By-law - Review Q1 2025 Q4 2025 TRC

2026

Project Name Start Date End Date Committee
Richmond Rd / Westboro – Secondary Plan Q1 2026 Q4 2026 PHC
S2 Barrhaven Southeast Greenfield/Future Neighbourhood Secondary Plan Q1 2026 Q4 2027 PHC

Below the Line (future Term of Council)

Project Name Start Date End Date Committee
Urban Tree Valuation and Asset Management Study TBD TBD ECC
Community Stewardship Program TBD TBD ECC
Greenfield S5 Leitrim east (residential) Expansion Area TBD TBD PHC
Greenfield E1 Orleans South - Wall Rd (residential) Expansion Area TBD TBD PHC
Greenfield E3 Cardinal Creek South (residential) Expansion Area TBD TBD PHC
Vanier Secondary Plan (New) TBD TBD PHC
Tallwood-Knoxdale Secondary Plan (New) TBD TBD PHC
Longfields Secondary Plan (New) TBD TBD PHC
Palladium Secondary Plan (New) TBD TBD PHC
Central and East Downtown Core Secondary Plan (Update) TBD TBD PHC
Inner East Lines 1 and 3 Secondary Plan (Update) TBD TBD PHC
West Downtown Core Secondary Plan (Update) TBD TBD PHC
Old Ottawa East Secondary Plan (Update) TBD TBD PHC
Carleton Heights Secondary Plan (Update) TBD TBD PHC
Scott Street Secondary Plan (Update) TBD TBD PHC
Sherbourne and New Orchard Secondary Plan (Update) TBD TBD PHC
Wellington Street West Secondary Plan (Update) TBD TBD PHC
Elmvale Acres Secondary Plan (Update) TBD TBD PHC
Alta Vista Secondary Plan (Update) TBD TBD PHC
Montreal Road Secondary Plan (Update) TBD TBD PHC
Rockcliffe Park Secondary Plan (Update) TBD TBD PHC
Wateridge Village Secondary Plan (Update) TBD TBD PHC
Kanata Town Centre Secondary Plan (Update) TBD TBD PHC
Stittsville Main Street Secondary Plan (Update) TBD TBD PHC
East Urban Community Phase 3 Secondary Plan (Update) TBD TBD PHC
Mer Bleue Secondary Plan (Update) TBD TBD PHC
Byward Market Special District Plan (New) TBD TBD PHC
Airport Special District Plan (New) TBD TBD PHC
Rideau Canal Special District Plan (New) TBD TBD PHC
Bells Corners Secondary Plan (New) TBD TBD PHC

Wildlife Strategy Review - Avoiding problems with unwanted wildlife (August 8, 2023)

August 8, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

As we continue our review of the City’s Wildlife Strategy, City Staff have had heard that many residents are concerned with rodents. In response, we have put together a brief highlight sheet and FAQ related to mice and rats. These documents may be useful to you as you respond to residents and communities.

I also wanted to take this opportunity to let you know that we have launched a second survey to help inform our review. As per the memo provided on July 13, 2023, we anticipate bringing forward recommendations to Committee and Council in Q4 of 2023.

Should you have any questions please do not hesitate to let us know.

Thank you,

Don

Avoiding problems with unwanted wildlife, mice and rats

The City of Ottawa is home to many animal species that flourish in a human or urban environment. This includes unwanted wildlife or species such squirrels, mice and rats that can damage homes or properties, and which may in rare cases transmit disease.

Remember that these animals have the same basic needs as we do: food, water, and shelter. Many of our daily activities can create the conditions that invite these animals into our homes and on our properties. To decrease the likelihood of attracting unwanted animals to your home or property, follow these simple tips:

Eliminate food and water sources

Maintain or remove bird feeders: Putting out feeders is a popular way to attract birds to your yard. However, if the feeder is easily accessible or if birdseed falls and remains on the ground, then other unwanted animals will take advantage of the food source. To reduce this risk, use deterrent methods such as attic baffles, tidy up fallen seed daily, or consider eliminating feeders all together.

Bring pet bowls inside: Food and water bowls that are intended for your pets are another common attraction for unwanted animals. This can place your pet at greater risk of injury or disease, either from fighting or from sharing their bowl with sick stray or wild animals. Bring pet bowls inside promptly after each use.

Secure garbage: Maintain compost bins to prevent animals from entering and secure both indoor and outdoor garbage in animal-proof containers with tight fitting lids. When possible, bring garbage cans and bags to the curb as close to pick up time as possible to reduce access for animals.

Eliminate hiding and living spaces

Maintain landscape: Unwanted animals often hide or shelter in dense vegetation. If planting near a building foundation, avoid dense or tall ground cover, and keep shrubs and bushes well- trimmed. Maintain clear sight lines in yards. Fence vegetable gardens, pick up windfall fruit or nuts, and clean up gardens before winter.

Minimize clutter: Clutter provides unwanted animals with places to hide, sleep, nest and reproduce. Remove piles of newspapers, bottles and cans, paper bags, cardboard, and othertrash from around the home, garage, and shed. Wood piles also attract animals. Place wood piles on stands measuring 30 cm (12 inches) off the ground and away from the home when possible.

Protect buildings

Repair cracks: Animals like squirrels, mice and rats can chew holes into buildings and can squeeze through cracks and holes as small as 1.25 cm (1/2 inch). To keep them out of buildings, seal all holes and cracks in foundations, walls, floors, underneath doors and around windows.

Seal doorways and vents: Use metal weather stripping under exterior doors, close window gaps with metal flashing, and cover dryer, fresh air, and attic vents with fine metal screening (especially on lower floors).

Close inactive burrows: An inactive burrow will often have leaves, cobwebs, or other debris around the entrance. Close burrows so vermin cannot get back in by filling with soil and tamping down with a shovel, or by stepping on them.

For more information:

Visit the following pages for more information:

Avoiding problems with wildlife - frequently asked questions 2023

How can I tell if I have unwanted wildlife, mice, or rats on my property or in my home?

There are many ways to tell if unwanted animals are accessing your home or property. Some of the key signs include:

  • Live sightings
  • Droppings
  • Chewed or damaged items
  • Small holes or burrows in the ground outside of your home

What attracts wildlife, mice and rats to our homes?

Animals have the same basic needs as we do: food, water, and shelter. Look around your house and yard and consider them from the animals' point of view. Are you providing food, water, and shelter? If so, what can you do to remove these attractants? Residents can learn more here.

How do we remove unwanted animals from our homes once they have entered?

Do it yourself options include traps, rodenticides, and repellents. But be aware that some options or devices, such as glue traps, may be illegal or may cause unnecessary suffering to animals. If you require professional services, you may wish to contact a licensed wildlife management or pest control company. Residents can learn more here.

What if my neighbour is attracting unwanted wildlife, mice or rats that are also affecting my property?

The following by-laws contain regulations that require properties to be maintained to prevent pest infestations:

Both landlords and tenants have responsibilities to help prevent pest infestations. Visit the Pest infestations page for more information.

To report a concern, visit the Reporting page or call 3-1-1.

What is the City doing to help reduce the number of mice and rats?

The City and Ottawa Public Health have public information and resources available to help residents reduce the number of mice and rats. By-law and Regulatory Services also responds to service requests made by residents through the reporting page or by calling 3-1-1.

The City has also a Rat Mitigation Group which will share information and coordinate the City’s approach to rat mitigation, ensuring streamlining and communication across all responsive departments.

Where can I learn more about the City’s approach to wildlife?

Visit the Wildlife and Plants page for more information about our city’s wildlife.

Planning Applications and Traffic Impact Assessments in Ward 19 Orléans South—Navan (August 3, 2023)

August 3, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

Please find below the response to the Planning Applications and Traffic Impact Assessments in Ward 19 Orléans South—Navan inquiry submitted at the June 7, 2023, Planning and Housing Committee by Councillor Kitts. The response is to be listed on the PHC Agenda of August 16, 2023.

Thank you,

Don

Inquiry:

I would like information regarding the number of approved applications that did not include traffic impact assessments.

  1. How many planning applications were approved within Ward 19 Orléans South—Navan between October 2018 and May 2023 (the newly configured version, including what was Ward 2 - Innes)?
  1. How many applications were approved without a comprehensive traffic impact assessment due to the application not meeting the traffic impact assessment threshold trigger?
  1. What is the total number of parking spots approved within the list of developments mentioned above?
  1. What would be the approximate cumulative peak-hour AM (morning) trips that have resulted from the approved developments?
  1. What would be the approximate cumulative peak-hour PM (afternoon/evening) trips that have resulted from the approved developments?

Response (Date: 2023-Jul-04)

  1. How many planning applications were approved within Ward 19 Orléans South—Navan between October 2018 and May 2023 (the newly configured version, including what was Ward 2 - Innes)?
  • Response: Within the newly configured Ward 19 there were 22 development applications (Site Plan Control or Zoning By-law Amendments) approved between October 1, 2018 and May 31, 2023.
  1. How many applications were approved without a comprehensive traffic impact assessment due to the application not meeting the traffic impact assessment threshold trigger?
  • Response: Seven (7) of the 22 above mentioned development applications were approved without the requirement to provide a Traffic Impact Assessment (TIA). A TIA is required or triggered when a development is expected to generate more than 60 person trips per hour.
  1. What is the total number of parking spots approved within the list of developments mentioned above?
  • Response: Approximately 3,800 parking spaces were approved as part of the above-mentioned 22 development applications including the seven applications that did not trigger a TIA. The seven developments that did not trigger a TIA included a total of 152 parking spaces (private driveways and parking lots).
  1. What would be the approximate cumulative peak-hour AM (morning) trips that have resulted from the approved developments?
  • Response: Approximately 1,760 AM peak-hour motor vehicle trips result from the above mentioned 22 approved development applications. These peak hour vehicle trips take into consideration the modal share (split between walking, cycling and transit) from developments in the area of Orleans. TIAs also take into account the planned transportation infrastructure. These studies have identified capacity issues in South Orleans and point to future planned projects as part of the solution.
  1. What would be the approximate cumulative peak-hour PM (afternoon/evening) trips that have resulted from the approved developments?
  • Response: Approximately 1,960 PM peak-hour motor vehicle trips result from the above mentioned 22 approved development applications. These peak hour vehicle trips take into consideration the modal share (split between walking, cycling and transit) from developments in the area of Orleans. TIAs also take into account the planned transportation infrastructure. These studies have identified capacity issues in South Orleans and point to future planned projects as part of the solution.

 

City Comments on Proposed Provincial Planning Statement 2023 (July 25, 2023)

July 25, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

Background

The proposed Provincial Planning Statement 2023 (PPS 2023) was released by the Ministry of Municipal Affairs and Housing on April 6, 2023, for review and commenting. The PPS 2023 consolidates the existing Provincial Policy Statement 2020 (PPS 2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe into a single policy document that directs land use planning across Ontario. Under the Planning Act, all planning decisions shall be consistent with the PPS.

The introduction of the proposed PPS 2023 is meant to support the implementation of the Housing Supply Action Plan and the Province’s target to construct 1.5 million new homes by 2031.

Comments to the Province were due on June 5, 2023, but the commenting deadline was extended to August 4, 2023.

Provincial Planning Statement Highlights

Some of the major impacts of the proposed PPS 2023 include changes to the Planning Horizon, Affordable Housing, Settlement Areas and Boundary Expansions, Employment Areas, Energy Conservation, Air Quality and Climate Change, Rural Areas, Agriculture Lot Creation, and Natural Heritage.

  1. Planning Horizon
  • Maximum planning horizons of 25-years under the PPS 2020 would become the minimum horizon in the PPS 2023. Municipalities must plan for at least a 25-year horizon, including ensuring sufficient land be made available to accommodate an appropriate range and mix of land uses to meet projected needs over this time period. There is no maximum timeframe prescribed. Staff are supportive of this change to better align with infrastructure planning that occurs over a longer timeframe. However, the ability to accurately forecast diminishes with longer time horizons and will require an analysis of an appropriate planning range.
  • Development potential resulting from a Minister Zoning Order (MZO) will be in addition to the projected needs over the planning horizon established in the Official Plan. The next OP update after any MZO would incorporate the additional growth into the OP and related infrastructure plans. Staff recommend MZOs should be required to be cognizant of existing infrastructure limitations and should have no effect if sufficient capacity does not exist.
  1. Affordable Housing
  • The PPS 2023 proposes to remove references to affordable housing, including the definition, and the requirement for municipalities to establish minimum targets for affordable to low- and moderate-income households.
  • References to housing affordability would no longer be framed as “affordable housing” but rather “a full range of housing options”.
  • Municipalities would no longer be required to provide minimum targets for affordable housing.
  • Staff are requesting clarity from the Province on the rationale for removing reference to affordable housing and low- to moderate-income households, and direction on which provincial legislation would consider affordable housing, if not the PPS 2023.
  1. Settlement Areas and Settlement Area Boundary Expansions
  • Ottawa is proposed to be identified as a large and fast-growing municipality under the PPS 2023. Under this new classification, Ottawa will be required to meet certain density targets, particularly in its major transit station areas.
  • The PPS 2023 would encourage growth to be focused in strategic growth areas within settlement areas, whereas the PPS 2020 directs growth within settlement areas in their entirety. In Ottawa, strategic growth areas are already identified in the Official Plan in Tables 3a and 3b and are the focus for accommodating intensification.
  • Currently, expansions of the settlement area (urban boundary) are initiated by a municipality following a municipal comprehensive review (MCR). Private amendments with no net increase of urban lands may also be considered, which is consistent with the PPS 2020. The PPS 2023 proposes that a settlement area boundary can be expanded, or a new settlement area can be created, through an Official Plan Amendment by a private landowner or the municipality, and that a MCR would no longer be required.
  • Private applications to expand the urban boundary will create a piecemeal approach to planning for future growth.
  • Supporting infrastructure and infrastructure master plans would need to be redesigned to meet the proposed provincial changes, which will take time and financial resources to achieve. This would impact orderly growth patterns and compromise established multi- year capital programs.
  • Staff strongly recommend that the current approach to require a MCR when evaluating a settlement area expansion be maintained in order to take a coordinated and comparative approach to determine lands with the best-fit for future growth.
  1. Employment Areas (industrial lands)
  • The PPS 2023 proposes to require municipalities to permit residential uses in Mixed Industrial areas. Ottawa does not currently permit residential uses to limit land value increases so that businesses requiring lower rents are able to remain financially viable and contribute to a complete community.
  • Some Mixed Industrial areas contain light industrial uses and including a sensitive use such as residential has the potential to disrupt existing uses and create conflict.
  • The PPS 2023 also proposes to prohibit office uses on employment areas (i.e. Industrial and Logistics lands), even in proximity to major transit stations areas. The City of Ottawa currently permits office uses with more than 10,000 square metres or more than 500 jobs in Industrial and Logistics designations when in proximity to a rapid transit station to facilitate transit ridership.
  • The PPS 2023 would permit the removal of employment areas (i.e. lands designated “Industrial and Logistics” and “Rural Industrial and Logistics”) via an Official Plan Amendment, which under the PPS 2020 could only be done through a municipal comprehensive review. The conversion of Industrial and Logistics for housing development would put undue pressure on these already limited land inventories and risks creating incompatible land use conflicts.
  1. Energy Conservation, Air Quality and Climate Change
  • Policies pertaining to air quality have been reduced and weakened, which puts healthy and liveable communities at risk. Staff recommend that policies pertaining to air quality be strengthened in order to protect neighbouring sensitive uses from negative impacts.
  • Many references to “preparing for the impacts of a changing climate” throughout the PPS are proposed to be removed and weakened. Staff are recommending that these references be maintained and further strengthened.
  1. Rural Areas and Agricultural Lot Creation
  • Policies in the PPS 2020 to limit residential lot creation in the rural area (except for rural villages) and on agricultural lands, are to be removed from the PPS 2023.
  • The PPS 2023 proposes that up to three residential dwellings may be permitted on a parcel in the agricultural area, which may then be severed to create up to three lots, provided certain conditions are met.
  • Staff have taken the position that growth needs to occur within the urban boundary and the rural villages, and recommend the Province maintain the existing approach to limit multi-lot residential development outside of settlement areas.
  • The fragmentation of agricultural and rural lands, for what will be costly housing (both to own and for municipalities to service), would diminish these invaluable resources.
  1. Natural Heritage
  • All policies relating to natural heritage, including associated definitions, were published for consultation on June 16, 2023.
  • The PPS 2023 proposes minor wording changes to the Natural Heritage policies and definitions that do not appear to impact protections or require revisions to Official Plan policies. However, recent changes to the Ontario Wetland Evaluation System have reduced the likelihood of wetlands qualifying as 'significant' under the PPS 2023, which will lead to increased wetland loss.
  • The Province is still considering introducing an 'offsetting' framework for the assessment and mitigation of impacts on Natural Heritage features, which could result in future changes to the PPS or Provincial guidelines for implementation.

Next Steps

The PPS 2023 was released on April 6, 2023, with comments originally due by June 5, 2023, and subsequently extended to August 4, 2023. Natural Heritage policies were published on June 16, 2023. Staff have prepared a written response based on the contents of this memorandum and the accompanying appendix and submitted it to the Province on the City’s behalf. Given the current staff workload and short provincial timelines for review, there are no opportunities to bring this matter through Committee to Council.

Staff will report back to Council on the final PPS 2023 and any other amendments that are tabled or further consultation opportunities from the Province.

Attachments

Appendix A – Analysis of the Proposed PPS [ PDF 1.096 MB ]

Please contact David Wise or the undersigned if you have any questions.

Sincerely,

Don Herweyer, MCIP, RPP

 

City-initiated Official Plan Amendment for Lansdowne 2.0 - Update (July 24, 2023)

July 24, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

PURPOSE

This memo is to provide Mayor and Council with an update on the City-initiated Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBLA) application submitted as part of the Lansdowne Park Redevelopment Project (2.0). This update responds to the Direction to Staff from Council on June 28, 2023 (Item 23.3 Motion – Councillor S. Menard – Update on Lansdowne 2.0).

BACKGROUND

In the memo to Council dated June 13, 2023, City staff advised of the requirement for an Official Plan Amendment to clarify policies within the Official Plan (OP) pertaining to the Lansdowne Special District and ensure OP compatibility and compliance. These policies are intended to support the role of Lansdowne Park as a destination for amateur and professional sports, year- round festivals, residential living, entertainment, commercial activity and provides a mix of greenspaces and heritage that can be enjoyed by residents 365 days a year.

COMMITTEE AND COUNCIL SCHEDULE

City staff circulated the ZBLA and OPA application on June 29 for public review and comment. The application was accompanied by a series of studies including a:

  • Design Brief
  • Heritage Impact Assessment
  • Planning Rationale
  • Wind Study
  • Shadow Study
  • Geotechnical / Hydrogeological Assessment
  • Site Servicing Brief
  • Transportation Impact Assessment & Transportation Demand Management Study
  • Conceptual Site Plan

The completion of these studies will be used to outline and refine options that will be brought forward in the report to Committee and Council this fall and understanding that these options could include recommendations to change the initial Lansdowne 2.0 concept plan.

The following tentative schedule for Committee and Council has been updated from previous timelines to allow for additional public engagement and community consideration:

  • August 15, 2023 – Accessibility Advisory Committee
  • October 18, 2023 – Joint Finance and Corporate Services Committee & Planning and Housing Committee
  • October 23, 2023 – Built Heritage Committee (Information Report)
  • October 25, 2023 – Council

Reports for the Standing Committee meetings will be released ten business days in advance of the scheduled Committee meeting, in accordance with Council direction.

PUBLIC ENGAGEMENT

As part of the 2021 Lansdowne Park Partnership report, Council approved a robust, city-wide public engagement strategy. The strategy was the result of the collaborative work between staff and the Ottawa Sports and Entertainment Group (OSEG), with the input of Council Sponsors Groups, the Stakeholder Sounding Board, and the assistance of an external consultant.

Since that time, City of Ottawa staff have launched the project website, hosted three public information sessions on April 27, May 17, and July 13, 2023, have been holding a series of coffee chats, have met with the Ambassadors Working Group, and have released various public surveys. Staff are also currently hosting a series of pop-up events on site to encourage resident participation and engagement, and to gather additional feedback. The Director holds weekly meetings with the Ward Councillor, transportation specific workshops, and engages with key stakeholders on a regular basis. Staff have received thousands of survey responses, with over 13,500 unique Engage Ottawa visits, hundreds of public comments, notes of feedback, and have had several hundred Public Information Session participants.

As part of the upcoming OPA and ZBLA and staff report, the City will be hosting another public information session. This public session has been scheduled for September 6th at the request of the Ward Councillor and to allow for additional time for consideration by the community. The session will be a similar format to the July 13th session.

Residents can register here: September 6 at 6:00 pm (register here)

Residents and community leaders will continue to have the opportunity to engage and provide input on the planning application until the OPA and ZBLA have been approved by Council.

Residents can connect with the Lansdowne Project Team through the upcoming Public Information Session, the ongoing surveys, in-person engagement activities, weekly coffee chats, subscribing to newsletter updates, visiting the Engage Ottawa webpage, or sending their feedback to lansdownerenewal@ottawa.ca.

A public Urban Design Review Panel (UDRP) formal review session was held on July 07. The recommendations from the UDRP will be posted on the City’s website and referenced in the subsequent report to Planning and Housing Committee and Council. The Lansdowne 2.0 project will return to second public UDRP session in September.

Staff continue to compile all the feedback and questions received during the public engagement sessions and application circulation process. This information is vital to the process and will help inform the recommendations brought forward to committee and council. To date staff have released As We Heard It (AWHI) reports and will continue to do so leading up to the final AWHI report that will be included in the report to Council. These reports can be found on the project website.

City Staff will continue to provide information on next steps and engagement opportunities to the public through the project website.

Thank you,

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development

Wildlife Strategy Review: Timeline Update (July 13, 2023)

July 13, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update regarding the Wildlife Strategy Review.

Thank you,

Don

 

PURPOSE

The purpose of this memo is to update Committee and Council on the Wildlife Strategy Review currently being conducted by staff.

BACKGROUND

In the memo to Council dated March 17, 2023, City Staff advised of the launch of a full review of the 2013 Wildlife Strategy. This was in response to the Council approved Motion 2022-83-6 directing staff to undertake a review of options to better manage human-coyote interactions, in consultation with experts and other municipalities, and to report back in 2023 with options, recommendations and resourcing implications for implementing a proactive strategy. City Staff were working towards bringing a report with recommendations to the Environment Committee in September 2023.

PUBLIC CONSULTATION

In March, City Staff launched a public engagement campaign for the Wildlife Strategy Review. This included an Engage Ottawa project page, a public survey, and two public information sessions held of May 31st and June 7th. City Staff in Natural Systems also began targeted consultation with other subject matter experts and municipalities.

Throughout the consultation, staff have received hundreds of comments and questions. As a result, staff have agreed to launch a second survey to seek further feedback on specific elements of the wildlife strategy. This survey is anticipated to launch in July and remain open until the fall.

Staff are also working on an As We Heard It Report to be included as part of the final report to Committee and Council.

NEXT STEPS

As a result of the expansion to a full strategy review and the commitment to a second survey, City Staff will bring a report to Environment Committee and Council in Q4, 2023. This will provide staff the necessary time to review the feedback received, meet with other experts, and prepare their recommendations.

Thank you,

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development

Network Modification Program (July 4, 2023)

July 4, 2023

Dear Mayor and Members of Council,

Please find attached the response to the Network Modification Program inquiry submitted at the April 17, 2023, Transportation Committee by Councillor Johnson. The response is to be listed on the TRC Agenda of August 24, 2023.

Thank you,

Don

Submitted at: Transportation Committee

From: Councillor L. Johnson :
Date: April 17, 2023

File:TRC 2023-04

To: Director, Transportation Planning, Planning, Real Estate and Economic Development/

Inquiry:

  • With regard to the Network Modification Program:
  • What is the budget for the program each year for the past five years?
  • How many projects did the program accomplish each year over the past 5 years?
  • Please provide a list of intersections modified under the program over the past 5 years; and the cost for each.
  • For projects completed over the last 5 years, what modifications were made for each?
  • How are projects prioritized in order to qualify for the program?

Response (Date: 2023-Jun-27)

Response:

The Network Modification Program’s (NMP) annual budgets for the last five years are as follows:

  • 2023  $3.6M
  • 2022  $3.2M
  • 2021  $3.7M
  • 2020  $3.0M
  • 2019  $3.3M

With this funding, the following NMP projects have been implemented::

  • Bank Street and Mitch Owens Road: addition of eastbound and westbound left turning lanes, and northbound right turn lane
    • Cost $3.6 million, completed in 2021
  • Bank Street and Rideau Road: addition of eastbound and westbound left turn lanes, and northbound right turn lane
    • Cost $3.8 million, completed in 2022
  • Albion Road and Leitrim Road: addition of northbound and southbound through lanes
    • Cost $2.6 million, completed in 2020
  • Bankfield Road and Prince of Wales Drive: addition of eastbound and westbound left turn lanes, and southbound right turn lane
    • Cost $2.4 million, completed in 2019

Cycling and Pedestrian facilities have also been added and/or upgraded as part of these projects.

Candidate projects must demonstrate that historically the critical peak hour volumes have exceeded the thresholds. Traffic counts are carried out every two years to provide the historical data needed. Once the projects qualify for the NMP, they are prioritized based on the following: persistence of congestion, degree of relief that can be expected with roadway modifications, number of beneficiaries, extent of impact on other modes, , safety, compatibility with Transit Network, and Transit services benefits (reduction in person-delay), and project cost.

Council Inquiries
Response to be listed on the Transportation Committee Agenda of select date. and the Council Agenda of select date.

City-initiated Official Plan Amendment for Lansdowne 2.0 ( June 13, 2023)

June 13, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to advise that a City-initiated Official Plan Amendment (OPA) application will be submitted to support the Lansdowne Park Redevelopment Project (2.0), in conjunction with the City-initiated Zoning By-law Amendment (ZBLA) application. 

Thank you,
Don

This memo is to advise that a City initiated Official Plan Amendment (OPA) application will be submitted to support the Lansdowne Park Redevelopment Project (2.0), in conjunction with the City initiated Zoning By-law Amendment (ZBLA) application. The Lansdowne Special District policies of the Official Plan (OP) are intended to support the role of Lansdowne as a destination for amateur and professional sports, year-round festivals, residential, entertainment, commercial activity and provide a mix of greenspaces and heritage that can be enjoyed by residents 365 days a year. This intent is supported by specific policies that identify ZBLA’s as the mechanism for new development and for the ZBLA to be in accordance with the City’s Lansdowne Partnership Plan, the Master Limited Partnership, and the Council approved Guiding Principles for Lansdowne.

In 2022, the Lansdowne Partnership Sustainability Plan and Implementation Report, which was presented to Council on June 8th, 2022, identified that the 2022 redevelopment concept was consistent with the new Official Plan, and as such a report recommendation was approved for staff to commence the City initiated rezoning application. The 2022 redevelopment concept consisted of 3 residential or mixed-use towers of 40, 34 and 29 stories; a new stand-alone Event Centre; new North Side Stands; and a new retail podium along Exhibition Way.

However, as part of the preparation for the City initiated zoning application Staff have undertaken a comprehensive review of the City’s new Official Plan and have identified policies within the new Plan that require alignment with the Lansdowne Special District directions in terms of the proposed Event Centre location and height permissions as follows:

  • The proposed location of the Event Centre lies within the overall ‘Lansdowne Special District’ designation where it is permitted, but requires a revised designation on the new OP land use plan.
  • Specific height permissions are identified within Urban designations, such as ‘Corridors’ and ‘Hubs’, but specific height permissions are not contained within the Lansdowne Special District policies. The existing Zoning has a maximum permitted height of being 38 metres, or 11 stories. This means that an OPA is required to align the permitted height to the proposed heights in the redevelopment.

Special Districts are areas intended to transcend the role and function of other Official Plan designations and warrant unique planning approaches. The Lansdowne Special District is intended to comprise site components that include the stadium and arena, Front Lawn, the heritage buildings, neighbourhood-oriented commercial, community and specialty uses such as the farmers’ market, horticulture building and recreational amenities such as the urban park.

Given Special Districts are envisioned to focus less on land use and more on form and appropriate integration, the City initiated Official Plan Amendment will clarify policies within the OP pertaining to the Lansdowne Special District and ensure OP compatibility and compliance.

In summary, an Official Plan Amendment aligns the Lansdowne Park Redevelopment Project with the policy directions of Council, through a transparent process. The OPA application will add no extra timeline to the process, as the OPA and ZBLA run concurrent with each other as a joint city- initiated application. The land use planning application will follow the statutory and public consultation process outlined through the Planning Act and as directed by Council. Final decisions on the OPA and the ZBLA are anticipated to be before committee and Council for consideration in Q4 2023.

Thank you,

 

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development

By-law approving the expropriation of interests in property required for the Stage 2 Light Rail Transit Project ( June 9, 2023)

June 9, 2023

To: Mayor and Members of Council
From: Don Herweyer and Clara Freire

Dear Mayor and Members of Council,  

Purpose

This Memorandum details the requirement for a by-law to authorize the expropriation of the following property interests required for the Stage 2 Light Rail Transit Project (the “Stage 2 LRT Project”):

  • A drainage easement over part of property municipally known as 985 Trim Road (the “Drainage Easement”);
  • A road widening of Scott Street along the frontage of property municipally known as 100 West Village Pvt and the associated private roadway (the “Road Widening”)

(Collectively referred to as the “Property Interests” and both as further described in Document 1 and Document 2).

Background

On March 8, 2017, City Council directed the Corporate Real Estate Office (CREO) to proceed with the acquisition of the property interests required to facilitate the construction, use and maintenance of the Stage 2 LRT Project and related works. Since that time, a variety of properties and property interests have been acquired through negotiation and expropriation. As the Stage 2 LRT Project progresses through construction, additional property requirements have been identified, including the Property Interests.

Efforts were made to negotiate agreements to provide for the conveyance of the Property Interests to the City; however, these were unsuccessful.

On June 8th, 2022, Council approved By-law 2022-177, which authorized the making of an application for approval to expropriate property interests which included the Drainage Easement and Road Widening (the “Application By-law”), following which staff proceeded to provide notice to property owners as required by the Expropriations Act as described below. The statutory notification process has now been completed with respect to the Property Interests with no further steps required prior to authorizing the registration of a plan of expropriation.

In order to ensure that the Property Interests are secured in time to meet current timelines for the Stage 2 LRT Project, Staff recommends that Council enact the By-law attached to this memorandum (Document 1). Attached at Document 2 are reference plans which have been deposited in the land registry office in order to provide a legal description of the Property Interests.

Discussion

Section 6(1) of the Municipal Act, 2001, S.O. 2001, c. 25 states that the power of the City to acquire land “includes the power to expropriate land in accordance with the Expropriations Act.” Section 4 of the Expropriations Act requires an expropriating authority, in this case the City, to receive “approval of the approving authority”, in this case, Council, before expropriating any land.

Following the adoption of the Application By-law, the City followed the public notification process set out in Section 6(1) of the Expropriations Act by serving Notices of Application for Approval to Expropriate (“Notice of Application”) on the registered owners of the relevant properties and by publishing the Notice of Application once a week for three consecutive weeks in English and French newspapers.

Within 30 days of the service of the Notices of Application or the first publication of the notices, persons entitled to receive the Notice of Application are entitled to request a hearing of necessity, being an inquiring into whether the proposed expropriation by the City is “fair, sound and reasonably necessary” for the purposes of the Stage 2 LRT Project. While the City did receive one request relating to the Drainage Easement, that request has since been withdrawn without the need to proceed with an inquiry. There is therefore no legal impediment to approving the application to expropriate the Property Interests.

In accordance with Section 9 of the Expropriations Act, Council, as the approving authority, must confirm its approval of the expropriation of the Property Interests through the adoption of a by-law. The draft By-law attached at Document 1 to this memorandum has been prepared for this purpose.

After receiving Council’s approval through the enactment of the By-law attached at Document 1, Staff will proceed with the registration of expropriation plans on title and will serve Notices of Expropriation, Election and Possession in accordance with sections 9, 10 and 39 of the Expropriations Act.

Offers of compensation under Section 25 of the Expropriations Act (the “Offer”) will be presented within three months of the registration of the expropriation plan. The amount offered will be based on an appraisal of the market value of the Property Interests and damages for injurious affection (if any) prepared by an independent, third-party appraisal firm. A copy of the appraisal report will be presented with the Offer.

The expropriation of the Property Interests does not mean the City will cease negotiations with property owners. Staff will continue efforts to achieve a negotiated resolution in all property acquisition matters.

Councillors’ Concurrence

The concurrence of Councillor Luloff (Ward 1) and Councillor Leiper (Ward 15) has been obtained prior to including the draft by-law in the Council Agenda.

Financial implications

The current approved capital authority for the Stage 2 Light Rail Transit Project (Capital Project #907926) includes an allocation for property acquisition and related expenditures. Staff have estimated costs associated with the draft by-law, including costs associated with expropriation, and have concluded that such costs can be met within the approved budget allocation.

If you require further information with respect to the information in this memorandum, please feel free to contact either Peter Radke, Acting Director, Corporate Real Estate Office, at extension 12551, or myself at extension 28311.

Don Herweyer

Interim General Manager, Planning, Real Estate & Economic Development Department

cc:       Senior Leadership Team

Peter Radke, Acting Director, Corporate Real Estate Office Michael Morgan, Director, Rail Construction Program

Caitlin Salter-MacDonald, Program Manager, Committee and Council Services Branch

Encl.: Document 1: Draft by-law to approve the expropriation of the Property Interests.

Document 2: Reference Plans describing the Property Interests.

 

DOCUMENT 1

BY-LAW NO. 2023 –         

A by-law of the City of Ottawa to approve the expropriation of certain property interests in the City of Ottawa for the purposes of the Stage 2 Ottawa Light Rail Transit System project

WHEREAS the City of Ottawa requires the property described in paragraphs 1 and 2 of Schedule “A” attached hereto, for the purposes of the Stage 2 Ottawa Light Rail Transit System project (the “Stage 2 LRT”) including but not limited to, facilitating construction, installation, use, including use by the public, maintenance, repair, inspection, renewal, replacement and removal of municipal infrastructure including roads, sidewalks, multiuse pathways, intersections, signals, signage, curbs, conduits, and all related municipal infrastructure and all related works and to enter and remain on the lands with all vehicles, machinery, workmen and material and all other improvements and works ancillary thereto as well as a permanent easement in property described in paragraph 3 of Schedule “A” for drainage and stormwater management systems including but not limited to the connection to, free flow and passage of stormwater in, on, over, under and through the lands and watercourse from time to time in such quantities of stormwater as may be required or desirable from time to time from all municipal lands and all municipal infrastructure, facilities, pipes and conduits from time to time and to enter and remain on the lands with all vehicles, machinery, workmen and material for the purposes of maintaining, repairing, cleansing, dredging, and together with easements in support of the foregoing uses at all times (collectively the “Subject Property Interests”) ;

AND WHEREAS pursuant to Section 6(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the power of a municipality to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act, R.S.O. 1990, c.E.26, as amended (hereinafter referred to as the “Expropriations Act”) for these purposes;

AND WHEREAS a Notice of Application for Approval to Expropriate Land for the Subject Property Interests was served and published, as required by the Expropriations Act;

AND WHEREAS with the exception of one referral request which has now been withdrawn, the application has not been referred to a hearing of necessity by any of the owners of the Subject Property Interests and the applicable deadline for such has passed;

AND WHEREAS the City of Ottawa has been unable to reach an agreement with the registered owners to acquire the Subject Property Interests;

THEREFORE the Council of the City of Ottawa hereby enacts as follows:

  1. THAT approval is hereby granted for the expropriation by the City of Ottawa of the Subject Property Interests described in Schedule “A” attached to this by-law, for the above-described purposes.
  2. THAT the City Clerk is hereby authorized to execute on behalf of City Council the Certificate of Approval and the Expropriation Certificate and all other notices and documents which are necessary to carry out the provisions of this By-law.
  3. THAT the City Clerk is hereby authorized to cause the Expropriation Plan to be registered in the Land Registry Office for the Land Titles Division of Ottawa (No. 4) and thereby effect the expropriation of the Subject Property Interests.
  1. THAT a Notice of Expropriation be served upon the registered owners together with a copy of the Expropriation Plan and a Notice of Election relating to the date of assessment of compensation.
  1. THAT an appraisal report estimating the market value of the Subject Property Interests be obtained from an accredited appraiser.
  1. THAT a Notice of Possession be served requiring possession of the Subject Property Interests at least three months after the date of service of said notice.
  1. THAT the City of Ottawa is hereby authorized to enter and take possession of the expropriated lands described in Schedule “A” hereto on the day permitted under the Expropriations Act, or pursuant to any Court Order thereunder, or pursuant to any agreement entered into between the relevant owners and the City of Ottawa.
  1. THAT, subject to any requirement for additional Council approval based on the estimated market value of any registered owner’s interest in the Subject Property Interests, an offer of an amount in full compensation for the registered owners’ interests in the Subject Property Interests, and an offer for immediate payment of 100% of market value as estimated by the expropriating authority, all in accordance with section 25 of the Expropriations Act, be served, together with a copy of the appraisal report on which the offer of compensation is based.
  1. THAT the officers and authorized agents of the City of Ottawa be and hereby otherwise authorized and directed to do all things required arising from the authorizations provided for by this by-law.
  2. THAT this by-law comes into force on the day it is passed.

ENACTED and PASSED this 14th, day of June, 2023.

CITY CLERK                               MAYOR

SCHEDULE “A”

All right, title and interest in the following lands:

  1. Part of PIN 04021-0261(LT) PART OF BLOCK 13, PLAN 4M-1185, designated as PART 1 ON PLAN 4R-34853; CITY OF OTTAWA
  2. Part of PIN 04021-0263(LT) PART OF BLOCK 15, PLAN 4M-1185 designated as PART 2 ON PLAN 4R-34853; CITY OF OTTAWA.

An estate, right or interest, in the nature of a permanent easement in the following lands:

  1. Part of PIN 14538-0072(LT) PART LOT 29 CONCESSION 1 (OLD SURVEY) designated as Parts 1, 2 AND 3 ON PLAN 4R-35087; PARTS 2 AND 3 S/T RR5001B AND RR5426B; CITY OF OTTAWA

Document 2 Reference Plans [ PDF 216 KB ]

CMHC Housing Accelerator Fund Application (May 26, 2023)

May 26, 2023

To: Mayor and Members of Council
From: Don Herweyer and Clara Freire

Dear Mayor and Members of Council,  

 The purpose of this memo is to garner feedback on the City’s proposed direction and provide an update on the City’s application for the Housing Accelerator Fund (HAF).

 This memo details how the application must be structured, staff’s strategy for requesting funds as well as suggested allocations. Feedback is requested through this memo as the application will be submitted before our “Action Plan”, a chief component of the application, proceeds to Council in July.  

 The HAF provides incentive funding to local governments encouraging initiatives aimed at increasing housing supply. It also supports the development of complete, low-carbon and climate-resilient communities that are affordable, inclusive, equitable and diverse.  

 Please provide any comments to Meagan Brodie (Meagan.brodie@ottawa.ca) by end of day June 6, 2023. Staff will be available to discuss any comments or questions during the week of May 23. Our application will be submitted on June 14, 2023.  

 Thank you,

Don

PURPOSE

There are three purposes of this memorandum:

  1. To provide background information on the Housing Accelerator Fund (HAF), including its application and funding structure.
  2. To provide an update on the status of the City of Ottawa’s application for the HAF, as well as outline the process that Staff is undertaking before submitting the application by the deadline of June 14th, and the process for entering  into a Contribution Agreement with CMHC.
  3. To provide an opportunity for staff to receive written comments from Council on the draft Action Plan. Please note that comments must be received back to staff by June 6 to allow time to address matters prior to the submission deadline.

Appendix A details the Action Plan for the HAF and the seven municipal initiatives that meet the fund’s eligibility requirements.

Appendix B contains a discussion of how the City’s HAF Application considered the report, “Our City Starts with Home: Scaling up Non-Profit Housing in Ottawa.”

BACKGROUND

The Housing Accelerator Fund (HAF) is a $4 Billion fund launched in April 2022 as part of the Federal Budget. It forms part of the National Housing Strategy and is being administered by CMHC. The focus of housing acceleration is for the time period between September 1, 2023 and September 1, 2026.

The primary objectives of the HAF are to create more supply of housing at an accelerated pace and enhance certainty in the approvals and building process, while also supporting the following priorities:

  • Supporting the development of complete communities that are walkable, consisting of appropriate residential density and a diverse mix of land uses, provided access to a wide variety of amenities and services through public and active transportation;
  • Supporting the development of affordable, inclusive, equitable and diverse communities that encourage clear pathways to achieving greater socio-economic inclusion largely achieved through the equitable provision of housing across the entire spectrum;
  • Supporting the development of low-carbon and climate-resilient communities.

Housing affordability is one component of HAF objectives that impacts funding eligibility. The focus of HAF is housing supply that includes market-oriented housing.

 Municipalities from across Canada are invited to apply to CMHC for funding by June 14, 2023. Staff from PRED and CSSD are working collaboratively to complete the City’s application in discussion with key stakeholders.

APPLICATION PROCESS

The City began work on its application in early April 2023. If successful, the City is expected to sign a Contribution Agreement for funding before the end of July with the first installment of funding expected this September.

There are four components of an application:

  1. Action Plan: The Action Plan details include seven “initiatives” that the City is undertaking or will undertake to increase the supply of housing and/or the proportion of affordable housing. The City must provide two projections for the number of expected dwellings measured by building permits; one without identified initiatives and the second with those initiatives. Both projections start on September 1, 2023 and end August 30, 2026. Any building permits issued after August 30, 2026 are not eligible for funding even if they are a result of an identified initiative.
  2. Commitment to Housing Target: The projection with identified initiatives must be at least a 10% increase over the projection without initiatives.
  3. Housing Needs Assessment: The City must provide a Housing Needs Assessment to monitor whether housing supply initiatives are appropriately scaled to assessments of housing needs over the course of the program and beyond. The assessment can be prepared and submitted to CMHC after the application deadline of June 14, 2023; as such, it will be completed alongside the 10-Year Housing and Homelessness Plan refresh being initiated by CSSD in Q2 2024.
  4. Periodic Reporting: The City must report annually to CMHC on its progress toward the housing target and use of funding.

Based on the timelines outlined in the application the focus of this memorandum will be the first two components of the application: the Action Plan and the Commitment to a Housing Target. The City’s application is aligned with the priorities and actions outlined in the Mayor’s Housing Action Plan  and the City’s Housing Pledge.

THE ACTION PLAN

Note: The HAF application requires that Council approval be obtained on the Action Plan before an agreement for funding with CMHC can be executed. The Action Plan will proceed to Committee and Council after it has been submitted with the City’s application. For this reason, this memo is for information, and to provide an opportunity for input from Councilors.

The City’s Draft Action Plan has the following priorities:

  1. Optimize the amount of funding we qualify for; and
  2. Take direction from the Mayor’s Housing Action Plan and the City’s Housing Pledge.

Staff have identified seven “initiatives” that are in line with the Mayor’s Housing Action Plan and the City’s Housing Pledge that are likely to yield new permits before September 1, 2026 as set through the application process. Complementary initiatives that can increase the proportion of affordable housing units built are also being considered, as these will boost  funding under the funding criteria. It is important to note that only initiatives started after April 2022, when the fund was announced, and only dwellings from building permits issued between September 1, 2023 to August 30, 2026 are used to calculate the eligible funding.

Other projects designed to address the housing crisis, but that are not included as initiatives in this application may still be pursued by Council. This application is limited to actions that meet the  eligibility criteria as set out in the application and have a high likelihood of resulting in permits before the September 1, 2026 program end date.

The following are our top 7 initiatives, detailed in Appendix A:

  1. Support Transit-Oriented Development
  2. Increasing Zoning Permissions to allow Gentle Intensification
  3. Develop an Affordable Housing CIP
  4. Office-to-Residential Conversion Strategy
  5. Accelerate Disposal of City-Owned Lands for Housing
  6. Affordable Housing Pipeline Strategy (NEW)
  7. Streamlining Approval Processes for Zoning By-law Amendments and Site Plan Control

All of the aforementioned initiatives will require separate Council approval before they can be implemented. Precise details for the implementation or administration of each initiative have not been identified for the purpose of this Action Plan; however, by including the initiative on the Action Plan and approving the Action Plan in July, Council will be asked to consider these reports without delay.

The City’s application may include more than seven initiatives. Doing so would provide flexibility should one or more initiatives under-perform in terms of resulting in a growth of building permits. By submitting more initiatives the City will have more flexibility to switch to  additional initiatives, which will also be eligible  to receive funding. However, large cities can only use the top seven initiatives to determine funding eligibility.

COMMITMENT TO A HOUSING TARGET

The City’s housing target is the basis of the funding eligibility. The HAF Application must include an estimate of the number of permits expected with and without the Action Plan Initiatives. The target must include the new dwellings through building permit issuance, which must be at least 10% more than without the initiatives for the City to be eligible for funding.

Staff is establishing its targets based on a combination of housing projections and historic permit data,  adjusting as necessary to account for the Action Plan Initiatives.

Each Initiative will include an estimation on the number of permits that could be issued in the three-year time frame. These estimations are subject to several factors outside of the City’s control that impact whether permits will actually be submitted for developments, including:

  • The number of home-buyers and renters, and their choices in housing;
  • Interest rates, available financing and/or capital;
  • Labour and material availability; and
  • Site circumstances (i.e. environmental constraints, available servicing).

The estimations that will be included in our Action Plan for each initiative are based on the Official Plan density targets, historic permit activity, and discussions with stakeholders, where appropriate. Staff have made data informed assumptions to ensure that their estimations are reasonable.

HAF FUNDING

HOW IS FUNDING CALCULATED?

Municipalities are responsible for calculating the amount of money they can apply for. This is done by:

  • Projecting the number of dwelling units that will be issued permits between September 1, 2023 and September 1, 2026 assuming that we will not undertake any initiative in our Action Plan;
  • Projecting the number of dwelling units that will be issued permits between September 1, 2023 and September 1, 2026 assuming that we will undertake all of the initiatives in our Action Plan;
  • Multiplying the difference between the two projections by $20,000 to $54,000 (Funding amounts vary by building typology, proximity to transit, and affordability; multi-unit housing that is affordable and in proximity to transit is eligible for the maximum allowance of up to $54,000/unit, while detached dwellings away from transit are eligible for the minimum $20,000/unit).

Funding for affordable units are stackable with the funding by dwelling types and proximity to transit. In addition, increasing the proportion of new affordable dwelling units is an eligible project even if it will not increase the number of building permits issued from the first projection.

To optimize this funding opportunity, our Action Plan highlights the initiatives with the most potential for building permit issuance before September 1, 2026. Once funding is secured it can be used more broadly than the initiatives outlined in the Action Plan provided it is all spent within four years.

FUNDING LIMITATIONS

One of the objectives of HAF is to drive transformational change and create conditions for more housing supply over the short and long-term. However, HAF explicitly  states that funding cannot be used to finance specific housing projects or reimbursing proponents for specific costs incurred.

USE OF FUNDING

Funding is provided annually in 25% installments and must be spent within 4 years. While funding is calculated using the targeted number of new units and increased proportion of affordable housing units, it does not need to be proportionately spent on the initiatives that inform those targets.

These initiatives are aimed at developing long-term capacity or process improvement through internal investments and resource development of regulatory tools. The Affordable Housing CIP and Office Conversions Strategy may require more substantive HAF funding, depending on how they end up being structured, as the intent is to flow more substantive capital towards programs to incentivize deeper levels of affordability in housing production. The Affordable Housing Pipeline Strategy will be the primary focus of HAF investment, as the success of this initiative to deliver housing within the time period relies substantively on availability of HAF funding and will result in actual housing delivery in the short-term.

Funding may be used for:

  • An initiative outlined in the HAF Action Plan (whether it is in the top seven or not)
  • Housing-supportive infrastructure, such as:
    • Upgrading stormwater and sanitary programs and infrastructure to support housing
    • Site preparation for housing developments
    • Public transit that supports housing
  • Investments in community-related infrastructure, such as:
    • Local roads, sidewalks
    • Landscaping and greenspace
  • Investments in affordable housing through existing programs.

Staff currently intend to allocate funding as follows: up to 90% of the HAF funding is allocated into the initiatives. The remaining 10% will be allocated to support specific infrastructure projects not funded through development charges that are identified as a priority and maximize the benefit to residential development. Funding will not be used to subsidize work that would otherwise be paid for by a developer.

Staff recognize that affordable and supportive housing are priorities of this Council. The Official Plan and the 10-Year Housing and Homelessness Plan set an ambitious target of 20% of all new residential units be affordable. As such, while affordability is not the only focus of the HAF, Staff suggest that the most meaningful use of a significant portion of the funds is to fund projects through Initiative #6, the Affordable Housing Pipeline Strategy.

Staff will list other longer term initiatives in excess of the permitted seven that will be eligible for funding; these additional initiatives advance the objectives of the HAF and the Mayor’s Housing Action Plan, but are unlikely to yield new building permits in the next three years. For example, On-Site Storm Water Management and the New Comprehensive Zoning By-law, both detailed in Appendix A. The latter would benefit from funding to ensure that it remains on track.

Some initiatives like the Affordable Housing CIP, Office Conversions or On-Site Storm Water Management, may require funding to provide incentives or offsets as part of the final product; staff will report back on    those initiatives and the associated funding sources separately for Council consideration as soon as operationally feasible.

If, through the City’s annual reporting to CMHC on the status of its initiatives, it appears unlikely that the City will meet its housing targets, the last installment (25%) of our funding may not be released in its entirety.

NEXT STEPS

In the immediate term, Staff will finalize the City’s application based on comments from Council. Staff are available upon request to respond to any questions from Councillors on this memorandum up to June 6, 2023. To arrange a meeting please contact Charmaine Forgie (charmaine.forgie@ottawa.ca).

Individual initiatives will proceed to their respective Committee(s) and Council for separate approval.

Project Timeline:

May 23, 2023 to June 6, 2023: Consultation, as needed, to finalize Action Plan for submission to CMHC.

June 14, 2023: Staff submit HAF Application to CMHC

July 2023: Action Plan formally considered by FCSC, PHC, and Council to meet application requirements

July 2023: City executes CMHC Contribution Agreement for its funding September 2023: First installment of funding (25%) is received

Anytime before July 2025: Staff submit Housing Needs Assessment to CMHC

July 2024, 2025, 2026 and 2027: Staff report to CMHC on whether and how it is meeting its housing targets, supply permit data, and indicate how the City is spending HAF funding

Appendix A: Seven Initiatives for Ottawa’s Action Plan

The following initiatives, categorized into the Actions of the Housing Pledge, are being included: Stimulate the supply of New Housing through guiding policy and regulations

  1. Support Transit-Oriented Development: this is an existing project that arose from Bill 23, which encouraged zoning Protected Major Transit Station Areas (PMTSAs) within one year of corresponding OP designations. It also incorporates the Lincoln Fields and Pinecrest and Queensview Stations Secondary Plan , as those are also in PMTSAs.
    • Staff expect that permits will be issued as a result of this initiative in the next 3 years.
    • Tools to require greater affordability are limited, with Inclusionary Zoning being the only legal tool available in the Ontario context. It is possible, however, that other incentive programs or funding sources could be stacked to create equivalent or deeper levels of affordability. Staff may bundle this initiative with Inclusionary Zoning, which can only apply to PMTSAs, to ensure that some units will be affordable and therefore increase our funding eligibility. The City is projecting a maximum of 5% affordable units in these areas once Inclusionary Zoning is in force.
      • Approval of this initiative within the Action Plan does not necessarily mean approval of an Inclusionary Zoning framework, which will require separate Council approval and is still pending revised Provincial Regulations.
    • Because all units will be close to transit, they will qualify the City for at least $35,000 per unit; affordable units through this initiative will qualify the City for a $19,000 top up to the full $54,000 per unit.
    • A report or reports to Council on this initiative, not including Inclusionary Zoning, is expected in the fall of 2023.
  1. Increasing Zoning Permissions to allow Gentle Intensification: this existing project will update the City’s Zoning By-law to permit two additional dwelling units on all urban, serviced lots. The HAF Application process does not intend to penalize Ontario municipalities for recent moves taken by the Province, so this project can be packaged as a City initiative notwithstanding Bill 23.
    • Because all units through this initiative would be considered multi-unit, they will qualify the City for at least $27,000 to $32,000 per unit.
    • A preliminary report to Council is expected in July 2023. A second report may be scheduled in Fall with additional recommendations for development standard harmonization or other regulatory amendments to respond to Bill 23 gentle intensification changes.

Form strategic partnerships to build housing for those most in need

  1. Affordable Housing CIP: this is an ongoing project that intends to incentivize affordable units city-wide. The next report on this proposed CIP is expected to be considered by Finance and Corporate Services Committee in July. Council will consider the recommended CIP Plan and By-law in Q4 2023.
    • Staff note that while it will not increase the number of permits issued, it will increase the proportion of new units that are affordable.
    • For every unit made affordable, the City qualifies for a $19,000 affordability “bonus”.
  1. Office-to-Residential Conversion Strategy: this is an existing project that arose from Council Motion 2023-08/04 on February 22, 2023. There is also explicit direction in the Mayor’s Housing Action Plan to “streamline the process to convert office and commercial space into housing.”
  • The streamlined process for conversions is expected to be considered by Council in Q3 or Q4, 2023. A memorandum to Council with an update on this project is expected before the end of May.
  • The project focuses on identifying efficiencies for Official Plan amendments, zoning amendments, site plan control and building permits, with regards to:
  • Timeline to approval (how quickly can a concept be reviewed)
  • Content of review (what is the minimum information required from an applicant)
  • Cost of development application (identifying funding opportunities and cost reductions)
  • Criteria for streamlined review include affordable housing, amenity area, and exterior changes (building exterior, landscaping, parking)
  • It is unclear at this time whether a Conversions Strategy would include financial incentives or offsets other than those created by efficiencies and reduced development application requirements.
  1. Accelerate Disposal and Preparation of City-owned Lands for Housing: this is an existing initiative that arose from direction in the Mayor’s Housing Action Plan. It proposes to include related zoning changes and potential for funding to enable swift development of shovel-ready municipal lands. Of the City-owned lands identified as being suitable for housing, Staff will identify those that are shovel-ready, amend the zoning if necessary, and take steps to prioritize their development using some existing procedures, and by creating new partnerships to provide housing. For instance, agreements to sell the land could include a timeline for obtaining a building permit.
  • Staff provide Council with recommendations to declare surplus lands on a ongoing basis. Pre-zoning of specific lands is expected in Q4 2023.
  1. Affordable Housing Pipeline Strategy (*NEW*): through the provision of pre- development funding, Housing Services has established a pipeline of construction-ready affordable housing developments. However, there is no available capital funding, so these developments cannot move forward with building permit applications. By funding one or more of these projects, particularly those close to transit, the City is eligible for the maximum of $54,000 per unit.
  • Since these projects are identified as being shovel-ready, Staff are confident that permits would be obtained within the three-year time frame, if capital funding were allocated.

These initiatives are HAF-dependent; they rely on HAF funds. It should be noted that $54,000 per unit is insufficient to cover the City’s typical contribution to not-for-profit affordable/supportive housing projects, which is currently between $175,00 to $200,000 per affordable unit. Therefore, this initiative will require most of the HAF funding received.

Streamline our governance and approvals processes to move from concept to construction faster

  1. Streamlining Approval Processes for Zoning Amendments and Site Plan Control: this is an existing project that began in the advent of Bill 109, which imposes shorter approval timelines on municipalities for approval of these planning applications. A streamlined process will mean that more approvals can occur in the relevant three-year period.
    • The streamlined process is expected to be considered by Council in June 2023, coordinated with the statutory implementation of the new timelines of July 1, 2023.

Where necessary, Staff are engaging with industry stakeholders to better predict the realistic uptake in the next three years, given the current market challenges (such as high interest rates and the labour shortage). If Staff determine that an initiative is unlikely to yield new permits or increase the proportion of affordable housing before September 1, 2026, it is not in the City’s interest to include it as one of its top seven initiatives. This does not mean that it is not a worthwhile project or that staff are not moving ahead with it in their respective department workplans.

OTHER INITIATIVES CONSIDERED BY STAFF

  1. Breaking barriers to gentle intensification by setting up best practices for On-Site Stormwater Management
    • As will be discussed in the upcoming Infrastructure Master Plan, infill demand puts increasing strain on the City’s stormwater management system. That strain was exacerbated by Bill 23’s changes to site plan control and gentle intensification permissions.
    • Staff are working on creating best-practices to manage storm water on-site to reduce strain on municipal infrastructure; if established, this can streamline the process to reaching our OP’s infill target (47% of urban growth should be infill).
    • Why it is not (yet) in our top seven: it is very challenging to estimate the number of units that this initiative would correspond to; even so, many of those units could be difficult to isolate from other initiatives.
    • Staff are considering listing this as an initiative outside of the City’s top 7 to ensure that it is eligible for funding, which may be needed to ensure the initiative is a success. The initiative, including any funding sources and uses, will be considered separately by Council.
  1. The Comprehensive New Zoning By-law
    • The New Zoning By-law is essential to implementing the OP’s housing targets city- wide.
    • Why it is not in our top 7: as reported to Council on March 8, 2023, a final by-law is not expected until Q4 2025, making new permits arising from this initiative before September 2026 very unlikely.
    • Staff are considering listing this as an initiative outside of the City’s top seven to ensure that it is eligible for funding, which could create efficiencies and help keep the project on track.
  1. Kanata North Economic District Community Planning Permit (KNED CPP)
    • A CPP By-law replaces the zoning by-law for the lands to which it applies. Section 11.2 of the OP identifies KNED as a CPP Pilot Project. The CPP By-law would create residential and mixed-use development opportunities throughout the KNED lands where neither are currently permitted. As such, there is significant residential growth potential.
    • Why it is not in our top seven: Staff are in the early stages of implementing a CPP By-law. Based on the identified timelines, it is very unlikely that this initiative would yield building permits before September 2026.
  1. Introduction of ePermitting in Building Code Services
    • This initiative is already Council-approved and is expected to launch later this year; it is part of a multi-year transition to new technology and therefore may not be considered eligible due to when work on this particular project began.
    • If considered eligible, Staff will consider including it as an initiative if we can establish that its efficiencies will result in more permits issued in the next 3 years than there otherwise would.
    • Why it is not in our top seven: the HAF application requires us to estimate the type of units we can expect from each initiative (i.e. multi-unit near transit, missing middle, etc.), which is a challenging exercise for an initiative like this one that aims to move all permit applications along more smoothly. It may also be difficult to not “double count” these units with other initiatives.
  1. Ongoing “Digital Twin” Business Transformation
    • Concurrent with the development of the New Zoning By-law, PRED has been testing the integration of regulatory scenarios into an internal Digital Twin model of  the City of Ottawa; in conjunction with the ArcGIS Urban geomatics platform, this would be a transformative new tool that could enhance the analysis of regulatory development through a “digital zoning by-law” and conduct scenario analyses of policy options. While the initial testing has been productive, it has been limited in scale to the capacity of existing infrastructure and staffing resources available.
    • PRED would like to explore the potential of linking the digital twin model more fully into our asset management planning processes and our Land Management Systems. This would allow growth scenario forecasting to provide a dynamic perspective on current development activity across the City, provide a “living” analysis of potential future growth areas based on regulatory land use as it is updated, and in turn could allow us to more specifically allocate limited dollars to achieve the highest impact on supporting housing development and in support of walkable, 15-minute neighbourhoods through coordinated delivery of community infrastructure.
    • As a next step, PRED sees an opportunity to scale up this system and explore ways to integrate this new technology more fully into City processes, including integrating a predictive and dynamic growth model that can evaluate various regulatory changes, development trends and housing forecasts, and evaluate and provide feedback on a variety of metrics that help inform business processes.
    • Why it is not in our top seven: the HAF application requires us to estimate the type of units we can expect from each initiative (i.e. multi-unit near transit, missing middle, etc.), which is a challenging exercise for a transformative toolkit like this one that aims to provide more robust long-term structural change. While improved regulatory development and improved land use and asset planning will have a benefit to housing development and infrastructure delivery, the generation of units is not known – and the return will not be within a short-term period.

Appendix B: Our City Starts with Home: Scaling Up Non-profit Housing in Ottawa

On May 3, 2023 Planning and Housing Committee received the “Scaling Up Non-Profit Housing in Ottawa” Report prepared by the Alliance to End Homelessness Ottawa and The Starts With Home Coalition. During Committee’s discussion of the Report, the City’s HAF Application and uses of HAF funds was discussed.

Below is a summary of how Staff’s proposed HAF approach aligns with the recommendations in the Report:

 

Report Recommendation Comment
Set meaningful definitions and clear targets. A fundamental component of the HAF Action Plan is setting targets for each of the proposed initiatives. The HAF Action Plan will employ the least restrictive definition of “affordability” that exists in the City to capture all initiatives that purport to add to the supply of affordable housing, and thus optimize our funding eligibility. Allocating a significant portion of the HAF funds to the Affordable Housing Pipeline Strategy is a significant step toward increasing the number of non-profit affordable homes.
Unlock land for non-profit affordable housing. The proposed initiative to promote development on City-owned lands advances this recommendation. While disposal of those lands through the City’s standard process may result in some of those lands going to for-profit developers, those for-profit developers are required to set aside 25% of their units as affordable on those lands (or make a payment in lieu).
Make use of municipal zoning and planning tools. Two proposed initiatives are focused on rezoning to reduce barriers to intensification. Other planning tools, such as the CIP, development approvals changes, and perhaps Inclusionary Zoning are also included in the HAF Action Plan.

Sincerely,

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development Department 
110 Laurier Ave. W. Ottawa, ON K1P 1J1
613-580 2424 Ext. 28311

City of Ottawa Comments on Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023 (May 12, 2023)

May 12, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide Council an update on the City’s analysis and comments that have been sent to the Province regarding Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023.

Thank you,
Don

Background

Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023 was introduced at the Provincial Legislature for first reading on April 5, 2023. The Bill proposes changes to several acts including the Planning Act, the Municipal Act, and the Ministry of Municipal Affairs and Housing Act.

Bill 97 Amendment Highlights

  1. Refund of Fee extension
  • As previously communicated by the Province in late 2022, the implementation of the development application fee refund timelines associated with Bill 109 were extended from January 1, 2023 to July 1, 2023.
  1. Area of Employment definition
  • An updated definition of “area of employment” is proposed to prohibit institutional and commercial uses, including retail and office, that are not affiliated with a primary use. An Official Plan Amendment would be required to remove office permissions in the Industrial and Logistics designation that are within 800 metres to a rapid transit station.
  1. New Authority for Minister’s Zoning Orders
  • Lands subject to a Ministerial Zoning Order (MZO) will not be subject to the Provincial Policy Statement, other Provincial Plans, or the City’s Official Plan.
  • MZOs will exempt or modify certain provisions of the Zoning By-law as they relate to the specific application. Ensuing applications, such as Site Plan Control, will need to be evaluated against the modified zoning requirements. However, elements of the application that are not captured through the MZO are to be evaluated against the City’s Zoning By-law.
  1. Provincial Land and Development Facilitator (“PLDF”)
  • The Minister may direct that the PLDF (or Deputy) require landowners to enter into agreements with a municipality regarding any matter that the Minister considers necessary for the appropriate development of the land.
  • The PDLF resolves issues related to growth management, land use and infrastructure planning, and environmental protection by providing impartial facilitation services or by acting as a negotiator on behalf of the province.
  • Staff and industry experts are not yet aware of the types of situations when a PLDF will be appointed by the Minister.

Next Steps

This legislation is moving swiftly through the Legislature, and written submissions will be accepted by the Standing Committee on Heritage, Infrastructure and Cultural Policy up to 7:00 PM on May 11th, 2023. Staff have prepared a written response based on the contents of this memorandum and the accompanying appendix and have submitted it on the City’s behalf. Given the short provincial timelines for review there were no opportunities to bring this matter through Committee to Council.  

Please find attached:

Appendix A – Analysis of Amendments that Impact Ottawa

Row no. Portion of the Bill 97 ERO- 019-6821 Staff Analysis and Recommended City Comment
1 SCHEDULE 1 BUILDING CODE ACT, 1992 Currently, subsection 4 (4) of the Building Code Act, 1992 requires that inspectors necessary for the enforcement of the Act in the areas in which Ontario has jurisdiction be appointed under Part III of the Public Service of Ontario Act, 2006. The subsection is re-enacted to require the Deputy Minister of Municipal Affairs and Housing to appoint those inspectors. Staff analysis Not applicable to Ottawa.   Recommended City comment to the province: No comment.
2 SCHEDULE 2 CITY OF TORONTO ACT, 2006 The Schedule amends the City of Toronto Act, 2006 Staff analysis Not applicable to Ottawa.   Recommended City comment to the province: No comment.
3 SCHEDULE 3 DEVELOPMENT CHARGES ACT, 1997 The Schedule amends subsections 2 (3.2) and (3.3) of the Development Charges Act, 1997 by striking out “parcel of urban residential land” in paragraph 3 of each subsection and substituting “parcel of land”. Staff analysis The proposed change clarifies development charges exemptions for a coach house. Prior to Bill 23, all coach houses were exempt from development charges. Changes through Bill 23 exempted coach houses on serviced lots but not coach houses on unserviced lots. The proposed change through Bill 97 has the same effect as pre-Bill 23 where all coach houses are exempt from development charges.   Recommended City comment to the province: No comment.
4 SCHEDULE 4 MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT Staff analysis The Provincial Land and Development Facilitator is a relatively new office that helps the province, municipalities, developers, businesses, and community groups resolve issues related to growth management, land use and
  Currently, subsection 12 (2) of the Ministry of Municipal Affairs and Housing Act authorizes the Minister of Municipal Affairs and Housing to appoint and fix the terms of reference for the Provincial Land and Development Facilitator. Subsection 12 (3) of the Act requires the Facilitator to perform specified functions at the direction of the Minister. Subsections 12 (2) and (3) of the Act are re- enacted to authorize the Minister to appoint the Facilitator and up to four Deputy Facilitators and fix their terms of reference and to require the Facilitator and Deputy Facilitators to perform specified functions at the direction of the Minister. infrastructure planning, and environmental protection by providing impartial facilitation services or by acting as a negotiator on behalf of the province. The new agency became operational on October 1, 2020.   The proposed changes add the ability for the Minister to appoint up to four Deputy Facilitators, set their terms of references, and perform functions as specified by the Minister. The change has the effect of expanding resources through the four Deputy Facilitators that will most likely streamline the process of this office.   This change comes alongside an amendment to the Planning Act introducing a new section 49.2. That section gives new order-making authority to the Minister whenever a Facilitator is involved, and such order may be for an agreement addressing “any matter that the Minister considers necessary for the appropriate development of the land.” An agreement required by this order may also require the owner of the land to “provide anything or pay for anything in excess of what the owner is required to provide for under [the Planning Act].”   Recommended City comment to the province: The City of Ottawa would like clarity on the types of matters that Facilitators may get involved in, at what stage, and on whose initiative; this will also help us determine whether a total of four Facilitators will be sufficient to meet the Provinces’ needs. Further, the City would like clarity on the agreements referred to in section 49.2 of the Planning Act, such as the recipient of excess monies. The City is generally appreciative of any assistance from the Province to resolve land disputes in an efficient and fair manner. If Facilitators are to be more widely used, including in the Ottawa-area, then a formalized procedure would be helpful.
     
5 SCHEDULE 5 MUNICIPAL ACT, 2001 The Schedule amends section 99.1 of the Municipal Act, 2001 by providing the Minister with authority to make regulations with respect to a variety of matters including governing the powers of local municipalities under section 99.1 and authorizing certain local municipalities to require certain owners of land to make payments and provide compensation. New subsection 99.1 (8) provides that in the Staff analysis This amendment expands and clarifies the Minister’s regulation-making authority relating to municipal by-laws on demolition and conversion of residential rental properties. The City retains the authority to pass such a by- law (often called a “demolition control by-law”), but this amendment empowers the Minister to introduce a regulation outlining specific requirements for the by- law as well as a potential new authority for the municipality to require compensation.
  event of a conflict, the provisions of the regulations made under section 99.1 prevail over the provisions of the Act or any other Act or regulation. A new regulation under this section would serve as a blueprint for the City’s demolition control by-law, the primary intent of which is to limit “renovictions” and protect residential tenants from displacement.   Recommended City comment to the province: Like many Ontario municipalities, Ottawa has made protecting existing rental units a priority. The City looks forward to an opportunity to consult with the Province on a proposed regulation under the revised subsection 99.1(7) in due course.
     
6 SCHEDULE 6 PLANNING ACT The Schedule makes various amendments to the Planning Act, including the following: 1. The definition of “area of employment” in subsection 1 (1) is remade to provide that specified uses are not business and economic uses for the purposes of that definition. A transitional provision is also included. Staff analysis “Areas of employment” correspond to the Industrial and Logistics and Rural Industrial and Logistics designations in the Official Plan. The proposed changes add language to the Planning Act that is more specific on what is and is not considered an employment use. Employment uses are now clarified as follows:
  • “research and development” uses must be “in connection with manufacturing anything”. Currently “research and development” does not have to be associated with any manufacturing
  • “uses related to the movement of goods” are now included with “warehousing uses”. Currently there is no mention of “uses related to the movement of goods”.
  • “retail uses and office uses” must be associated with manufacturing uses, research and development uses, and warehousing uses. Currently office uses, and ancillary uses, including retail, are permitted in areas of employment.
  • “Facilities that are ancillary” to primary uses are maintained from the current Planning Act.
  • “any other prescribed business and economic uses”, allows for additions through future regulations issued by the Province.
  The following are specifically listed as non-employment uses:
  • Institutional uses
  • Commercial uses, including retail and office uses not listed as an employment use above
  The proposed changes are already partly incorporated into the Official Plan when the previous urban employment area designation was split into Industrial
    and Logistics and Mixed Industrial designations, with the former to be considered an “area of employment” but not the latter. The Rural Industrial and Logistics designation is also considered an “area of employment”. With the exception of sites that are within 800 metres to an existing or planned rapid transit station, offices as primary uses are not permitted in the Industrial and Logistics or Rural Industrial and Logistics designations, and are limited to a maximum of 10,000 square metres in the Mixed Industrial designation. Sensitive uses, such as institutional uses, are not permitted in the Industrial and Logistics and Rural Industrial and Logistics designations. The passing of Bill 97 will require an Official Plan amendment to remove office permissions even when in proximity to transit from the Industrial and Logistics designation.   Since “facilities that are ancillary” to primary uses is maintained from the current Planning Act, staff is of the opinion that Industrial and Logistics and Rural Industrial and Logistics permissions for light industrial uses such as construction trades and contractor businesses, autobody shops, and ancillary functions for uses that serve and support the daily needs of those that work in the area of employment align with Bill 97.   However, some of the new language is not specific enough to differentiate between retail uses that are “associated” with a primary use, facilities that are “ancillary” to a primary use, and commercial uses that are neither associated nor ancillary to a primary use. For example, Bill 97 is not clear on what the threshold is between a permitted ancillary facility and a commercial use that is not permitted. Without more specific differentiations between these terms, multiple interpretations will arise to fill these gaps and will lead to inconsistent implementation.   A transition clause is also proposed to allow for existing uses that are no longer considered employment uses and were lawfully established on the day this provision of Bill 97 comes into force.   Recommended City comment to the province: The City’s Official Plan conforms to some of the proposed revisions to “areas of employment”, such as not permitting offices or institutional uses as primary employment uses. The Official Plan redesignated former employment areas so that those business parks that were predominantly composed of offices and ancillary commercial uses, including institutional uses such as places of worship, were categorized as a non-employment designation. However, in conformity with the current Provincial Policy Statement and the proposed
    Provincial Planning Statement, the Official Plan’s primary employment designation, Industrial and Logistics, permits offices when in proximity to an existing or planned rapid transit system. The City recommends adding offices, including research and development without any manufacturing, that are in proximity to rapid transit stations as primary uses within “areas of employment” to help achieve minimum density targets that are otherwise too high for other employment uses and to maximize these infrastructure investments.
     
7 2. Subsection 34 (10.12) currently provides for circumstances in which a municipality is required to refund fees for processing an application to amend its by-laws that is received on or after January 1, 2023. This subsection is amended to apply with respect to applications that are received by the municipality on or after July 1, 2023, and a new subsection 34 (10.13) provides for the cancellation of any refunds for applications received by the municipality before July 1, 2023. In addition, a new subsection 34 (10.14) provides that a municipality is not required to refund fees if the municipality is prescribed by regulation when it receives the application. Staff analysis This is consistent with the written commitment to municipalities from the Province in late 2022 to extend the timelines associated with Bill 109, which were originally meant to come into force on January 1, 2023.   Recommended City comment to the province: The City has been preparing for the new timelines associated with Bill 109 and will be ready to implement the new timelines on July 1, 2023.
8 3. Amendments are made to section 38 of the Act to shorten the period of time within which the clerk of a municipality is required to give notice of a by-law made under subsection 38 (1) or (2) and to apply a single procedure for all persons or public bodies having received notice of the by-law to appeal to the Ontario Land Tribunal. Staff analysis Notice of the by-law’s passing must be given within 20 days, a reduction from the previous requirement of 30 days. The appeal period for any person or public body who was given notice of the Interim control by-laws passing has been reduced from 60 days to 50 days after the date of the passing of the by-law.   Recommended City comment to the province: No comment.
9 4. Currently, subsection 41 (1.2) provides that the construction, erection or placing of a building or structure for residential purposes on a parcel of land does not constitute “development” for the purposes of section 41 if the parcel of land will contain no more than 10 residential units. This subsection is amended to provide that such activities do in Staff analysis The proposed change is consistent with intended regulations through ERO number 019-6822 (https://ero.ontario.ca/notice/019-6822) with respect to the intended regulations to prescribe the types of areas that may be exempted from the 10 residential unit restriction. If enacted, the proposed regulation would specifically permit the use of site plan for parcels of land, regardless of the number of residential unit when:
  fact constitute “development” if the parcel of land includes land in a prescribed area.
  • Any part of which is located within 120 metres of a shoreline, and
  • Any part of which is located within 300 metres of a railway line.
  Recommended City comment to the province: A similar amendment is needed to s.35.1, with regard to hazard lands. Recent amendments to s.35.1 generally permit three residential units on a parcel of urban residential land. Hazard lands, such as the flood plain and lands having unstable slopes, are not excluded from this new permission. As permitting additional residential units in these areas increases risks to life and health, and increases financial risk for individuals, the insurance industry, municipalities and the Province, the City recommends that s.35.1 be modified to include a similar qualifier that states, “unless the residential units are located in a prescribed area” to exclude the permission for three units on hazard lands through a new regulation.
10 5. Subsection 41 (11.1) currently provides for circumstances in which a municipality is required to refund fees for processing an application for the approval of plans and drawings that are submitted on or after January 1, 2023. This subsection is amended to apply with respect to plans and drawings that are received by the municipality on or after July 1, 2023, and a new subsection 41 (11.2) provides for the cancellation of any refunds for plans and drawings received by the municipality before July 1, 2023. In addition, a new subsection 41 (11.3) provides that a municipality is not required to refund fees if the municipality is prescribed by regulation when it receives the plans and drawings. Staff analysis This is consistent with the written commitment to municipalities from the Province in late 2022 to extend the timelines associated with Bill 109, which were originally meant to come into force on January 1, 2023.   Recommended City comment to the province: The City has been preparing for the new timelines associated with Bill 109 and will be ready to implement the new timelines on July 1, 2023.
11 6. Subsection 41 (12.0.2) is amended to provide that any information or material that an applicant must provide to a municipality under subsections 41 (3.3) and (3.4) must also be forwarded by the clerk to the Ontario Land Tribunal in the case of an appeal to the Tribunal under subsection 41 (12) or (12.0.1). Staff analysis This proposed change requires that when an appeal to the Tribunal has been received, any information or material required under subsections (3.3) and (3.4) for site plan control are forwarded to the Tribunal. The proposed change will require additional administrative efforts but will also improve the exchange of relevant information related to the appeal.
      Recommended City comment to the province: No comment.
     
12 7. A new subsection 47 (4.0.1) is added to provide that the Minister may, in an order made under clause 47 (1) (a), provide that policy statements, provincial plans and official plans do not apply in respect of a license, permit, approval, permission or other matter required before a use permitted by the order may be established. Staff analysis This proposed change will allow the minister to exempt approvals and order that lands subject to a Ministerial Zoning Order (MZO), i.e., a provincially imposed amendment to the Zoning By-law, are not subject to the PPS, the City’s Official Plan, or other Provincial policies. This would also mean that applicants do not need to obtain an Official Plan Amendment for a use permitted under the MZO that would otherwise require one.   While applications for Site Plan Control approval, Plan of Subdivision, Consent to sever, Minor Variance, Inclusionary Zoning, Building Permit, Private Approach permit, and any conservation authority application (among others) are required, the approval authority and/or staff would not be able to consider the Official Plan or provincial policies in reviewing MZOs.   MZOs will exempt or modify certain provisions of the Zoning By-law as they relate to the specific application. Ensuing applications, such as Site Plan Control, will only be evaluated against the modified zoning requirements. However, elements of the application that are not captured through the MZO will be evaluated against the City’s Zoning By-law.   No changes to the Official Plan or Zoning By-law are required.   Recommended City comment to the province: The exemption of policy statements, provincial plans, and official plans for MZOs is contrary and not consistent with the principles of good planning and permits decisions for development that do not protect matters of provincial interest, public health and safety, or the quality of the natural and built environment. The City recommends that Minister decisions abide by provincial policy statements and plans from their own office and local Official Plans that are the product of due process.
13 8. A new subsection 49.2 is added that will allow for a Provincial Land and Development Facilitator or an Staff analysis
  appointed Deputy Facilitator to require a landowner to enter into an agreement with a municipality with regards to growth, land use and other matters, including Provincial interests to ensure the appropriate development of land. The Minister may require landowners to enter agreements with the Minister or a municipality concerning any matters that the Minister considers necessary for the appropriate development of the land. Landowners are restricted in terms of using their land or erecting new buildings or structures until they enter all agreements required by the order. The ”Provincial Land and Development Facilitator” (“PLDF”) helps resolve issues related to growth management, land use and infrastructure planning, and environmental protection by providing impartial facilitation services or by acting as a negotiator on behalf of the province. The Office of the PLDF was established in 2020 in its current form, but it is unclear when the PLDF would be engaged to resolve a land use planning dispute.   Significant restrictions are imposed on the subject lands where a PDLF or Deputy are appointed until an agreement between the landowner and the municipality is reached.   The required agreement may be registered against the subject lands and the municipality is entitled to enforce the provisions of the agreement with the owner or a subsequent owner.   Recommended City comment to the province: The City of Ottawa recommends further information is provided prior to enacting this change that would enable a better understanding of the types of situations when the Provincial Land and Development Facilitator will be appointed.
14 SCHEDULE 7 RESIDENTIAL TENANCIES ACT, 2006 The Schedule makes various amendments to the Residential Tenancies Act, 2006, including the following amendments: 1. Part IV is amended to add section 36.1, which permits tenants to install and use a window or portable air conditioner in a rental unit for which the landlord does not supply air conditioning, subject to specified exceptions and conditions. In cases where the landlord is obligated under the tenancy agreement to supply electricity to the rental unit, the landlord may increase the rent charged to the tenant, subject to the tenancy agreement providing Staff analysis There is no impact to the City as the City does not act as a residential landlord and does not own residential properties.   Recommended City comment to the province: No comment.
  otherwise. Rules are set out requiring rent decreases if a tenant seasonally ceases to use an air conditioner, or removes it. Certain provisions of the section are made to apply to previously-installed window or portable air conditioners.  
     
15 2. Subsection 50 (3) is re-enacted to provide that when a landlord gives notice of termination of a tenancy because the landlord requires possession of a rental unit in order to do repairs or renovations to it that are so extensive that they require a building permit and vacant possession, the notice must be accompanied by a report prepared by a person who has the prescribed qualifications, which states that the repairs or renovations are so extensive that they require the vacant possession and which meets any other prescribed requirements. Failure to meet the requirement renders the notice void. Subsection 73 (4) is enacted to require the Board to consider the report when determining whether to make an order terminating the tenancy, although the Board is not bound by the report. Staff analysis The subject of this proposed change is unrelated to the City’s role in the provision of social/community and affordable housing.   Recommended City comment to the province: No comment.
16 3. Currently, under section 53, a tenant who receives notice of termination of a tenancy for the purpose of repairs or renovations may have a right of first refusal to occupy the rental unit as a tenant when the repairs or renovations are completed. The section is amended to provide that, if a tenant gives notice that they wish to have a right of first refusal, the landlord must provide specified notices to the tenant respecting the unit’s readiness for occupancy. When the unit is ready for occupancy, the landlord must give the tenant at least 60 days to exercise the right of first refusal to occupy the unit. Section 57.1 is amended to provide that a failure to comply with the notice requirements is deemed to constitute a failure to have afforded a right of first refusal for the purposes of subsection 57.1 (1) (former tenant’s application, failure to afford tenant right of first refusal). Section 57.1 is also amended to change the time limit Staff analysis There is no impact to the City as this is strictly between the landlord and tenant.   Recommended City comment to the province: No comment.
  applicable to the making of an application under subsection 57.1 (1).  
17 4. Currently, under clause 57 (1) (a), the Board may make various orders if the Board determines that, among other things, a landlord has given a notice of termination under section 48 in bad faith and no person referred to in clause 48 (1) (a), (b), (c) or (d) occupied the rental unit within a reasonable time after the former tenant vacated the rental unit. New subsection 57 (6.1) provides that if none of the specified persons occupied the rental unit within the prescribed period of time after the former tenant vacated the rental unit, it is presumed that the landlord gave the notice of termination in bad faith and that the rental unit was not occupied within a reasonable time. Staff analysis There is no impact to the City as this is strictly between the landlord and tenant.   Recommended City comment to the province: No comment.
18 5. Subsection 206 (1) is amended to require that the written agreement reached between the landlord and the tenant to resolve the subject-matter of an application to the Board be in the form approved by the Board. Staff analysis There is no impact to the City as this is strictly between the landlord and tenant.   Recommended City comment to the province: No comment.
19 6. Section 238 is amended to increase the maximum fines from $50,000 to $100,000 in the case of a person other than a corporation and from $250,000 to $500,000 in the case of a corporation. Staff analysis There is no impact to the City, as this is strictly between the landlord and tenant.   Recommended City comment to the province: No comment.

Sincerely,

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development Department 
110 Laurier Ave. W. Ottawa, ON K1P 1J1
613-580 2424 Ext. 28311

Tewin Tree Cutting (May 12, 2023)

May 12, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

Please find attached the response to the Tewin Tree Cutting inquiries submitted at the April 12, 2023, City Council meeting and the April 18, 2023, Environment and Climate Change Committee meeting by Councillor Devine. The response is to be listed on the ECCC Agenda of June 5, 2023.

Thank you,

Don

Council Member Inquiry Form
Subject: Tewin Tree Cutting

From: Councillor S. Devine

Date: April 12, 2023

To:     

Planning, Real Estate and Economic Development 

Inquiry:

Would city staff please provide Council with answers to the following questions regarding the removal of a large number of trees from the AOO/Taggart lands adjacent to the Tewin lands: 

  1. Do you have an estimate of the number of trees that have been removed from the property since tree clearing began on/around February 17? If so, how was this estimate determined? If not, why not? 
  2. Should staff determined that this tree clearing was not carried out in accordance with normal farm practices, what action would the city take to: 
    1. Remediate the tree loss, in accordance with the “No net loss” policy (Policy 4.8.1.5 in the new Official Plan); and, 
    2. Pursue the enforcement of appropriate by-laws, pursuant to the inappropriate removal of the trees. 
  3. What are the reasonable terms and conditions of “maintaining an [farming] exemption under the By-Law”. In other words, how soon should we expect that farming will commence, and how will we define what that farming is to meet the exemption?
  4. In what manner (how and when) will staff “monitor the activities at the property”?
  5. What would trigger an action under the by-law (i.e., what would the landowner have to do/not do to be seen as being in contravention?
  6. What possible actions will ensue from the city “should circumstances change that may affect the exemption status”?

Response (Date: 2023-May-12)

This response addresses Councillor Devine’s two inquiries on this topic from the City Council meeting on April 12 and the Environment and Climate Change Committee meeting of April 18.

  1. Do you have an estimate of the number of trees that have been removed from the property since tree clearing began on/around February 17? If so, how was this estimate determined? If not, why not?  

City staff cannot confirm the number of trees that were removed. The total estimated area impacted is approximately 180 hectares. Properties of this size can have many thousand trees, but that number will also be highly variable depending on age, density, species and previous use. Additionally, the total tree number varies from year to year depending on mortality and renewal rates. The City does not have an inventory of trees for privately owned lands, nor does the City request this data.

  1. Should staff determined that this tree clearing was not carried out in accordance with normal farm practices, what action would the city take to:  
    1. Remediate the tree loss, in accordance with the “No net loss” policy (Policy 4.8.1.5 in the new Official Plan); and,

 If it is determined that there is no applicable exemption and the tree cutting has been carried out in contravention of the Tree Protection By-law, then, in the normal course, a charge would be considered. It is noted that unlike many federal and provincial statutes that regulate environmental matters, and which provide for a limitation period of one year or more, there is a six month limitation period for municipal by-laws. As such, staff have six months to investigate a matter and to determine whether the necessary legal grounds exist to lay a charge for a by-law contravention. If a charge is pursued, the case would proceed to the Provincial Offences Court. If there is a conviction under the Tree Protection By-law, the sentence would be determined by the Court based on a number of factors relevant to the circumstances of the case, including any mitigating and aggravating factors, along with regard to the range of fines set out in the Tree Protection By-law. The By-law sets out a minimum fine of $500 to a maximum fine of $100,000. The Court may impose a special fine in excess to the maximum fine in cases where it is necessary to eliminate or reduce any economic advantage or gain from contravening the by-law. In addition, the person convicted could be required to correct the contravention in a manner that the court considers appropriate.

The recently approved Official Plan contains a new “no net loss” policy for non-provincially significant wetlands and forest cover in rural areas of the City. The policy reads:

  • 4.8.1 (5) The City shall take a no net loss approach with respect to evaluated wetlands deemed not provincially significant and forest cover outside the urban area and designated villages. Mechanisms for achieving no net loss include land use planning, development processes, acquisition and conservation of land and support for voluntary, private land conservation and stewardship. Development and site alteration is prohibited in provincially significant wetlands.

Staff still need to develop the approach for no net loss, which will require coordination and collaboration with many partners, including rural landowners, the development industry, the Conservation Authorities, and land trusts. However, there are several points to note about the policy:

  1. The policy applies to the City as a whole, not individual properties. This focus acknowledges that many of the factors leading to loss of wetlands and forest cover lie outside the regulatory authority of the City of Ottawa.
  2. The policy identifies a suite of mechanisms – a toolbox – for achieving no net loss. These tools reflect an intent to move from a reactive approach to a pro-active approach to conserving and restoring wetlands and forest cover.
  3. The policy dictates that provincially significant wetlands, as designated in the Official Plan and Conservation Authority regulations, remain protected from any development or site alteration

To achieve the above, a data management system, reporting cycle and determination of overall resources impacts would need to be assessed.

Staff intend to prepare more detailed guidelines on the application of the no net loss approach during this term of council.

    1. Pursue the enforcement of appropriate by-laws, pursuant to the inappropriate removal of the trees. 

If it is determined that no exemption or exception applies, and that there has been an alleged contravention of the Tree Protection By-law, then, in the normal course, a charge would be considered. If a charge is pursued, the case would proceed to the Provincial Offences Court, as discussed above.

  1. What are the reasonable terms and conditions of “maintaining an [farming] exemption under the By-Law”. In other words, how soon should we expect that farming will commence, and how will we define what that farming is to meet the exemption? 

The Tree Conservation By-law states that a tree permit or a distinctive tree permit is not required where the injury or destruction is a normal farm practice carried out as part of an agricultural operation by a farming business. The exemption provisions of the By-law are applied to the factual circumstances of the particular case. Staff continue to monitor the actions on the property and communicate with the landowner group in order to assess the status of the claimed exemption.

There is not currently a policy in place specifying a timeline to carry out a permitted use under the Zoning By-law. 

  1. In what manner (how and when) will staff “monitor the activities at the property”? 

Planning, Real Estate and Economic Development staff are communicating with the landowner group and will be doing site visits over time.

  1. What would trigger an action under the by-law (i.e., what would the landowner have to do/not do to be seen as being in contravention? 

If it is determined that there has been a contravention of the Tree Protection By-law, then, in the normal course, a charge would be considered. As discussed above,  if a charge is pursued, the case would proceed before the Provincial Offences Court.

  1. What possible actions will ensue from the city “should circumstances change that may affect the exemption status”? 

The City is continuing to monitor the situation and should circumstances change staff will assess the new circumstances to determine appropriate actions. 

Parking in Rural Villages (March 28, 2023)

March 28, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

Please find attached the response to the Parking in Rural Villages inquiry submitted at the February 24, 2023, Agriculture and Rural Affairs Committee (ARAC) meeting by Councillor Brown. The response is to be listed on the ARAC Agenda of April 6, 2023.

Thank you,
Don

Wildlife Strategy Review: Update on next steps, communication and public consultation (March 17, 2023)

March 17, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update regarding the Wildlife Strategy Review.

 

PURPOSE
The purpose of this memo is to update Committee and Council on the coyote management strategy and related works that staff were directed to undertake by Council in motion 2022-83-6 (below).

BACKGROUND
In early October 2022, Council approved Motion 2022-83-6 (included below) directing staff to undertake a review of options to better manage human-coyote interactions, in consultation with experts and other municipalities, and to report back in 2023 with options, recommendations and resourcing implications for implementing a proactive strategy.

Staff of the Natural Systems and Rural Affairs team in the Planning, Real Estate and Economic Development Department have worked with colleagues from Emergency and Protective Services to prepare this response and proposed workplan to address the motion.

DISCUSSION

The City’s Wildlife Strategy was originally developed in response to human-wildlife conflicts in the rural area of Ottawa, and include, among other issues, specific information and recommendations on managing human-coyote interactions in both rural and urban settings.  The Wildlife Strategy was approved by City Council in late 2013 and has not been reviewed or updated since that time.  Staff have implemented many of the strategy’s recommended actions, such as the Wildlife Speaker Series and the updated Protocol for Wildlife Protection during Construction.  Not all actions have been addressed in the plan partly due to limited resources in the area responsible.

Human-coyote interactions in urban and suburban settings have continued and now have a higher profile than in 2013.  Given that the Wildlife Strategy has not been fully implemented, staff agree with the direction to consult on the strategy prior to addressing any further actions and specifically examining options to address issues with coyotes.  The recommended review would determine whether updates or other changes are required to the Wildlife Strategy as a whole.

NEXT STEPS

The Community and Protective Services Committee, now known as the Emergency Preparedness and Protective Services Committee, was identified in the motion to receive this report.  However, based on the Committee Terms of Reference approved in early 2023, the Environment and Climate Change Committee is responsible for providing overall guidance and direction on coexistence with urban wildlife.  Therefore, future updates and recommendations will be directed to the Environment and Climate Change Committee

To complete this update staff have the following items planned:

  • March/April 2023
    • launch of Engage Ottawa page
    • launch of survey to obtain feedback on current strategy and suggested updates
  • June 2023
    • Virtual Public Engagement Session
  • September
    • Report to Committee and Council

Please contact David Wise should you have any questions or concerns.

Sincerely,

Don Herweyer

CC: Kim Ayotte, General Manager, Emergency & Protective Services                                      Roger Chapman, Director, By-Law and Regulatory Services
David Wise, (A) Director, Economic Development and Long Range Planning

 

SUPPORTING DOCUMENTATION

Motion brought to October 5, 2022 Council meeting: 17.3 Councillor R. Brockington

  • Motion No.2022-83-6

Moved by Councillor R. Brockington

Seconded by Councillor T. Kavanagh

WHEREAS the urban and suburban green spaces that make Ottawa such a desirable place to live are also home to an array of wildlife, such as coyotes; and 
 

WHEREAS coexistence with coyotes is necessary, as these predators help to maintain the natural balance in landscapes where traditional predators no longer exist and help control populations of animals that might otherwise become problematic; and
 

WHEREAS urban coyotes can pose a serious danger to household pets as well as humans if interactions are not properly managed; and
 

WHREAS in 2021, 476 coyote sightings were reported to the City of Ottawa; and
 

WHEREAS residents in River Ward have observed an increase in the number of coyote-human interactions this year and the public is demanding the City take greater action on coyotes; and
 

WHEREAS, in accordance with the Ottawa Wildlife Strategy approved by City Council on July 17, 2013, the responsibilities for the prevention and resolution of human–wildlife conflicts lie primarily in three areas:  on City property, in the immediate protection of public health and safety, and in the provision of public information on human–wildlife interactions; and
 

WHEREAS the City of Ottawa currently provides guidance to homeowners regarding management of coyotes, and response to individual problem coyote sightings that are reported to 311, although there seems currently to be no clear strategy to proactively manage coyotes in the City of Ottawa; and 
 

WHEREAS there are multiple agencies that are responsible for land in the Ottawa area, including but not limited to the City of Ottawa, National Capital Commission, other federal and provincial departments and agencies; and 
 

THEREFORE BE IT RESOLVED that the Emergency and Protective Services Department and the Planning Real Estate and Economic Development Department (Natural Systems and Rural Affairs), in consultation with relevant internal wildlife experts, external experts, and other municipalities, undertake a review of options to better manage human-coyote interactions in the City of Ottawa; and 
 

THEREFORE BE IT RESOLVED that that staff report back to the Community and Protective Services Committee in 2023 with options, recommendations and resourcing implications for implementing a proactive Coyote Management Strategy in the City of Ottawa. 

Carried

 

Zoning By-law Amendment - 360 Kennedy Lane – Motion No. PHC2023-4/03 (March 14, 2023)

March 14, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

 

Dear Mayor and Members of Council,
The purpose of this memo is to provide members of Planning and Housing Committee (PHC) with a response to Motion No. PHC2023-4/03 respecting the Zoning By-law Amendment application proposed at 360 Kennedy Lane.

Members of Planning and Housing Committee,

The purpose of this memo is to provide members of Planning and Housing Committee (PHC) with a response to Motion No. PHC2023-4/03 respecting the Zoning By-law Amendment application proposed at 360 Kennedy Lane (report ACS2023-PRE-PS-0019). A copy of the motion, which was moved by Councillor Dudas (on behalf of Councillor Luloff) at PHC on February 27, 2023, is attached to this memo as Document 1.

Since PHC on February 27, staff have worked with the applicant to further develop strategies to mitigate traffic and parking concerns on Kennedy Lane in support of the proposal. The proposal includes a total of 81 residential dwelling units and 85 parking spaces (15 are visitor parking spaces and nine are for the place of worship use). 26 of the dwelling units will be affordable, as defined by Canada Mortgage and Housing Corporation (CMHC). Considering the project’s affordable housing component, the Zoning By-law Amendment application includes a residential parking reduction of 20 spaces. The proposed parking reduction is supported by staff because it has been demonstrated that:

  • Affordable housing is critically needed in Ottawa.
  • Precedents suggest that affordable housing tenants require less parking.
  • The site is within walking distance to grocery, transit, and other amenities.
  • The Place d’Orleans Bus Rapid Transit station (future LRT station) is a short bus ride from the site or about 17 minutes by foot.  
  • Traffic generated by the proposal is considered minimal and can be accommodated by the existing road network.
  • Short-term on-street parking is available throughout the neighbourhood.
  • Traffic data for Kennedy Lane does not warrant reducing on-street parking permissions or introducing bans.

On-street parking is common along Kennedy Lane (permitted on the south side of the street), particularly during summer months when the park is in use. As a result, the community has expressed concern that the project will further increase the demand for on-street parking and reduce traffic safety. To provide greater assurances to the community and members of PHC the applicant has agreed to undertake the following actions, which they will detail in a separate letter to committee members, prior to the March 20 PHC meeting:

  • Implement a tenant screening process to ensure that parking demand does not exceed supply.
  • Continue ongoing conversations with the Anglican Church to discuss opportunities to share parking facilities.
  • Work with OC Transpo to investigate the feasibility of providing a short-term PRESTO pass, while endorsing the longer-term option of an EquiPass for affordable housing tenants, which is half of the cost of a regular bus pass ($58.25 monthly).
  • Work with the City to develop a plan for mitigating construction traffic.
     

To address parking and traffic concerns raised by the community, the City will:

  • Include, as part of the project’s Site Plan Control approval, a condition on title that requires the applicant to provide notice to tenants about on-site parking supply and on-street parking restrictions.
  • Require that one of the parking spaces be reserved for a carshare program, should this service become available in the community as a condition of Site Plan Control.
  • Require a construction management plan to mitigate the impacts of construction traffic and parking as a condition of Site Plan Control.
  • Monitor on-street parking and traffic in the area with respect to safety and by-law compliance.

This item is being reconsidered at PHC on March 20, 2023 as members of PHC expressed interest in this item returning to committee as soon as possible.

Should you have any questions please reach out to Geraldine.Wildman@ottawa.ca.

Sincerely,

Don Herweyer

CC:    

Kim Ayotte, General Manager, Emergency & Protective Services                                               
Roger Chapman, Director, By-law and Regulatory Services
Derrick Moodie, Director, Planning Services
Geraldine Wildman, Manager, East Development Review

 

Document 1

Planning Committee / Comité de l'urbanisme

Meeting date / Date de la réunion : 27 February 2023 / 27 février 2023

Agenda No. / Ordre du jour no : 4

Item Title / Titre du point de l’ordre du jour : Zoning By-law Amendment – 360 Kennedy Lane East

ACS File No. / Dossier no (ACS) : ACS2023-PRE-PS-0019

Item No. on Agenda / Point no de l’ordre du jour : 4.8

Re / Objet : Outstanding traffic and parking concerns

Moved by / Motion de : Councillor L. Dudas (on behalf of Councillor Luloff)

 

WHEREAS Kennedy Lane East does not have sufficient space to accommodate the current on-street parking demands of the community; and

WHEREAS nearby residents, park users, and visitors of the Queenswood Villa Retirement Home inundate Kennedy Lane East with on-street parking which narrows the road and makes it extremely difficult for motorists, school buses, pedestrians, and all road users to navigate; and

WHEREAS a petition with more than 800 signatures has been submitted to outline the concerns of community members with respect to traffic and parking; and

WHEREAS both the increased traffic and parking pressures that will result from this proposal will have undue adverse impacts; and

WHEREAS the applicants have not provided sufficient evidence that their development will not further aggravate an already tenuous parking situation.

THEREFORE BE IT RESOLVED that the Zoning By-law Amendment – 360 Kennedy Lane East report be referred back to planning staff to work through the outstanding traffic and parking concerns; and

BE IT FURTHER RESOLVED that planning staff consider the imposition of conditions to manage construction parking during the build through the Site Plan Approval process; and

BE IT FURTHER RESOLVED that planning staff request the owners consider issuing warning clauses so that potential renters are aware of the limited parking available.

Carried (7 to 5)

By-law Exemption for Tree Cutting near Tewin Area (March 7, 2023)

March 7, 2023

To: Mayor Sutcliffe and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update to the memo sent on March 1st, 2023, regarding the staff investigation into the tree cutting near the Tewin growth area and the associated issuance of a Stop Work Order under the Tree Protection By-law 2020-340.

 The ownership group has indicated that the land is being cleared and being prepared for farming activities. Documentation in this regard has been provided to City staff by the ownership group. The land is zoned for agricultural use.

Although the land is subject to the Tree Protection By-law, Subsection 82(7) of the By-law states that a tree permit is not required in circumstances where the injury or destruction of trees is required for farming practices. Ontario’s Farming and Food Production Protection Act, 1998 lays out the requirement for these exemptions by stating that no municipal by-law can restrict a normal farm practice carried on as part of an agricultural operation (Subsection 6(1) of the Act).

Given the information available to staff, the tree cutting on this land is exempt from the Tree Protection By-law and as such, the Stop Work Order will be lifted later today.  The ownership group has indicated there is additional tree cutting to be done on site in preparation for planned farming activities. As such, it is expected that tree cutting will resume following the lifting of the Stop Work Order.

The onus of maintaining an exemption under the By-law rests with the ownership group. That said, the City will continue to monitor activities at the property should circumstances change that may affect the exemption status.

Staff’s initial investigations have concluded, however as noted above, staff will be monitoring the activities on this site to confirm adherence with the farming exemption. Staff is committed to compliance with the Tree Protection By-law and will provide further updates as required. On site activities in terms of hours of operation are and continue to be regulated by the City’s Noise By-law.

Thank you,

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development

 

Dear Mayor and Members of Council,

Please find attached the correspondence received from Taggart regarding the Tewin tree clearing.

Tree Clearing near Tewin Area (February 28, 2023)

February 28, 2023

To: Mayor Sutcliffe and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update regarding tree clearing near Tewin area.

On February 17th, 2023, staff were made aware of a tree cutting operation on the land north of
Piperville Road between Ramsayville and Anderson Roads (GLOUCESTER CON 7 PT LOTS 16
TO 20). The land where the tree cutting occurred is immediately to the south of a portion of the Tewin urban growth area, as approved in the new Official Plan. The site is a part of a larger area that was considered and evaluated for urban growth as a part of the development of the City’s Growth Management Strategy.

 

The property is subject to the provisions of the Tree Protection By-law, 2020-340 and the Site
Alteration By-law, 2018-164. A stop work order was issued under the Tree Protection By-law on February 22nd to halt tree cutting activities to allow time for City staff to visit the site to investigate. Staff have confirmed that trees were removed from this land and that no tree permit was obtained from the City.

 

The landowner has provided notice that cutting operations were in support of future agriculture-related uses and they indicated widespread damage from the 2022 Derecho incident. The Tree Protection By-law and Site Alteration By-law provide for exemptions where permits are not required, including where tree removal is required for normal farm practices as a part of an agricultural operation.
 

City staff will continue to monitor the activities on the site to determine consistency with by-law exemptions. Staff will provide further updates as required.

Thank you.

 

Sincerely,

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development Department

By-law Enforcement issues with landowner Smart Living Properties (February 8, 2023)

February 8, 2023

To: Mayor and Members of Council
From: Don Herweyer, Interim General Manager, Planning, Real Estate and Economic Development Department

Dear Mayor and Members of Council,

The purpose of this memo is to provide an update regarding by-law enforcement issues with the landowner Smart Living Properties and 535 Chapel Street.
 

Background

Smart Living Properties submitted an application for Zoning By-law Amendment (D02-02-21-0134) on October 26, 2021 in order to facilitate the conversion of an existing four-unit low-rise apartment dwelling to a nine-unit low-rise apartment dwelling at 535 Chapel Street, located within the Sandy Hill Neighbourhood. The Zoning By-law Amendment application was presented to Planning and Housing Committee (PHC) on January 31, 2023, who carried staff’s recommendation in favour of the proposal.

During the January 31, 2023 PHC meeting, concerns were raised by members of Committee and the Ward Councillor (Rideau-Vanier 12) regarding the operations or management of other buildings owned by Smart Living Properties in Sandy Hill. The following Direction was provided to staff:

  • “That PRED staff be directed in consultation with By-law and Regulatory Services and Legal Services to provide additional information to Members before Council regarding any ongoing or recent enforcement issues with this property owner, including whether they are engaged in other matters, and additional relevant context.”

By-law and Regulatory Services Information Report

By-law and Regulatory Services provided the chart below, which reflects the number of noise, property standards/zoning, and exterior waste and debris complaints over a five-year period for the 42 multi-unit buildings owned/managed by Smart Living Properties in the Sandy Hill neighbourhood. Due to time constraints, analysis has not been undertaken for Smart Living Properties outside of this neighbourhood.

Year Noise Complaints Property Standards/Zoning Exterior Waste and Debris
2018 64 19 19
2019 48 21 24
2020 38 28 12
2021 30 8 7
2022 17 22 14
Totals 197 98 76
Percentage of total Smart Living Properties calls 53.1% 26.4% 20.5%

When considering the statistics above, the variables below must be considered:

  • Some of these calls were deemed unfounded
  • Duplicate complaints were filed for the same issue in some cases
  • Noise and exterior waste and debris complaints are normally associated with tenants and not property owners
  • Some of the calls are generated as a result of proactive patrols and regulations specific to the storage of waste and waste receptacles in Sandy Hill (Property Maintenance By-law)
  • Property ownership has changed over the 5-year period for several of the buildings and are not necessarily attributable to Smart Living Properties in all cases
  • Included in the statistics above are several licensed rooming houses which legislatively require annual inspections (captured under the property standards category in the table above)

It has been the experience of By-law and Regulatory Services that this property owner has been very responsive when complaints are received and have complied with Officer direction without the need for fines or further enforcement action. It is also important to note that further analysis would need to be done in order to get a true reflection of this property owner in comparison to others.

At the time of writing this memo there are no outstanding open calls or orders for the properties reviewed above.

Next Steps

Additional details are available upon request.

 

Sincerely,

Don Herweyer, MCIP, RPP
Interim General Manager, Planning, Real Estate and Economic Development Department