Memoranda issued by Planning, Development and Building Services

To: Mayor and Members of Council
From: Derrick Moodie, Director, Planning Services - Planning, Development and Building Services Department
Subject:  Proposed changes to Ontario’s Record of Site Condition regime to support office-to-residential conversions 
Date: December 16, 2024 

The purpose of this memorandum is to advise Council of the Province’s proposed regulatory update to exempt buildings taller than six-storeys undergoing an office-to-residential conversion from the need to file a Record of Site Condition. 

Background

On November 8, 2023, Council approved the report on office-to-residential conversions (ACS2023-PRE-GEN-0010) outlining new measures designed to streamline and incentivize office-to-residential conversions. During the development of the report, staff consulted with members of the development industry to better understand the barriers associated with these conversion projects. Industry identified the filing of a Record of Site Condition, a provincial requirement under the Environmental Protection Act, 1990, as one of the most significant barriers to office-to-residential conversions. 

As approved by Council through the Office-to-Residential Conversions report, on February 20, the City wrote to the Ministry of Environment, Conservation and Parks to re-examine O. Reg. 153/04 s. 15 (1) and consider exempting buildings taller than six-storeys undergoing an office-to-residential conversion from requiring a Record of Site Condition, provided that the rest of site environmental conditions are met.

Current status

On November 20, the Province published a proposal in the Environmental Registry of Ontario (ERO 019-9310) which would remove the six-storey heigh limit to allow a taller building, such as an existing office tower, to be converted to mixed-use with residential on upper floors and commercial at grade without the need to have a Record of Site Condition filed in the Record of Site Condition registry first.

Next steps

City staff will send a letter in support of the Province’s proposal by the January 10, 2025, deadline and continue to provide updates as needed. 

Additionally, in Q1 2025, staff will bring a report to the Planning and Housing Committee on the analysis of the potential impact of any further City incentives on office conversion feasibility. 

If you have any questions about this memo or office-to-residential conversions, please contact Alexandre LeBlanc, program manager, Planning Operations at alexandre.leblanc@ottawa.ca. 

Sincerely,

Derrick Moodie

cc: Senior leadership team
Planning, Development and Building Services Departmental leadership team
Andrea Lanthier-Seymour, chief communications officer, Public Information and Media Relations

To: Mayor and Members of Council
From: Vivi Chi, P.Eng., Interim General Manager, Planning, Development and Building Services Department
Subject: 2024 Provincial Planning Statement and the Provincial response to Provincial Planning Statement growth
projections
Date: October 22, 2024 

The purpose of this memo is to provide an update to the memo distributed on September 25, 2024, entitled “City of Ottawa Implementation of the 2024 Provincial Planning Statement.” Staff are also reporting back on a motion that was carried by the joint Planning and Housing and Agricultural and Rural Affairs Committee on October 9 (Motion No. PHC-ARAC2024-03-02), 2024.

City’s request for transition regulations

As noted in the September memo to Council, the City had until October 4 to provide comments to the Province on whether there are any specific planning matters that should be addressed through a transition regulation to facilitate implementation of the 2024 Provincial Planning Statement which came into force on October 20.

Subsection 3(6.1) of the Planning Act allows the Minister of Municipal Affairs and Housing to make regulations providing for transitional matters which, in the opinion of the Minister, are necessary or desirable to facilitate the implementation of a policy statement issued under subsection 3(1).

Staff made a submission to the Minister on October 4 through ERO 019-9065 (see below), requesting a transition period for three matters, summarized as follows:

1. A transition that the 2024 Provincial Planning Statement policies, including Policy 2.1.1. for the incorporation of Ministry of Finance population projections as the basis of growth projections occur at the time of the Official Plan review cycle.
2. Similarly, a transition that any policy that is to be informed by Provincial guidelines, including incorporation of the Ministry of Finance population projections as the basis of growth projections, does not apply until the applicable Provincial guidelines are made available to municipalities.
3. A four-month transition period before private applications for settlement area boundary expansions can be received, allowing municipalities the opportunity to amend their Official Plans to process such applications.

Staff have yet to receive a decision from the Province. Nevertheless, staff will bring an Official Plan Amendment no later than Q2 2025 to address changes from the 2024 Provincial Planning Statement.

Provincial response to Provincial Planning Statement growth projections

On October 9, 2024, a motion was carried by the joint Planning and Housing and Agricultural and Rural Affairs Committee that requested clarification from the Province on the City’s proposed approach regarding the use of growth projections.

This followed the release of the Ministry of Finance’s annual update of population forecasts and the 2024 Provincial Planning Statement in August.

On October 16, 2024, staff received a response from the Ministry of Municipal Affairs and Housing (see below) that commends the City’s approach to advance the update of Ottawa’s Official Plan to implement the most current Ministry of Finance population projections and confirms that municipalities are required to use their in-effect Official Plans to consider applications, including applications for Settlement Area boundary expansions. Decisions on applications can consider the most recent Ministry of Finance population projections should the municipality choose to do so, however the Province does not have projections for housing or jobs in Ottawa for an application to rely on. Municipalities must still consider the need for additional designated land through expansion applications outside of an Official Plan update.

If you have any questions, please contact Royce Fu, manager of Policy Planning at Royce.Fu@ottawa.ca.

Sincerely,

Vivi Chi

Attachments:

• City of Ottawa submission to the Minister of Municipal Affairs and Housing through ERO 019-9065, October 4, 2024 [ PDF 117 KB]
• Response from the Ministry of Municipal Affairs and Housing, October 16, 2024 [ PDF 116 KB ]

cc. Senior management team
Planning, Development and Building Services Departmental leadership team
Andrea Lanthier-Seymour, Chief Communications Officer, Public Information and Media Relations

To: Mayor and Members of Council
From: Vivi Chi, P.Eng., Interim General Manager, Planning, Development and Building Services Department
Subject: City of Ottawa implementation of the 2024 Provincial Planning Statement 
Date: September 25, 2024 

Purpose

The purpose of this memo is to provide an update on the new 2024 Provincial Planning Statement which will take effect on October 20, 2024. The title has changed from the “Provincial Policy Statement” to the “Provincial Planning Statement”. Under the Planning Act, all municipal planning decisions shall be consistent with the Provincial Planning Statement.

Background

During this Term of Council, a series of Provincial regulatory and legislative changes have been enacted, which have affected planning in Ottawa. Council has reviewed Bills 109, 23, and 185, and has approved ways to streamline the development review process, reduce application review timelines and improve communication between staff and the development industry. 

While these Bills focused on current development projects, the 2024 Provincial Planning Statement introduces new rules that affect longer-range planning for future neighbourhoods and subdivisions. The 2024 Provincial Planning Statement has implications on the city’s Official Plan, urban boundary expansion, industrial lands, farm dwellings, lot creation, and affordable housing.
 
The 2024 Provincial Planning Statement combines the 2020 Provincial Policy Statement 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe into one document that guides land use planning across Ontario. Some of the concepts in the 2024 Provincial Planning Statement come from the Growth Plan, although this plan did not apply to Ottawa.

The Province shared two drafts of the 2024 Provincial Planning Statement for feedback, and the City of Ottawa responded with submissions on July 25, 2023, and May 10, 2024. The final version of the 2024 Provincial Planning Statement was released by the Ministry of Municipal Affairs and Housing on August 20, 2024. This memo provides an overview of the main differences between the 2024 Provincial Planning Statement and the 2020 Provincial Planning Statement.

Major differences between the 2024 and 2020 Provincial Planning Statements 

The main changes in the 2024 Provincial Planning Statement involve the following areas:

• Settlement areas and boundary expansions
• Employment areas (industrial lands)
• Energy conservation, air quality and climate change
• Rural areas and residential units
• Planning horizon
• Affordable housing
• Natural heritage

1. Growth projections

• The 2024 Provincial Planning Statement requires that population and employment forecasts be based on Ontario Population Projections published by the Ministry of Finance. Municipalities can continue using the older growth forecasts issued by the Province, if they choose. In Ottawa’s case, the Minister of Municipal Affairs and Housing approved the growth projections without changes when the City’s Official Plan was approved. 

2. Settlement areas and settlement area boundary expansions

• The 2024 Provincial Planning Statement encourages growth to be focused in “strategic growth areas” within settlement areas, whereas the 2020 Provincial Planning Statement was less specific on how growth occurred within settlement areas. In Ottawa, strategic growth areas in the Official Plan are protected major transit areas, hubs, corridors, neighbourhoods and villages. 
• Previously, under the 2020 Provincial Planning Statement, expanding urban or village areas could only be done through a comprehensive review, usually tied to a review or update of the Official Plan. However, the 2024 Provincial Planning Statement allows a private landowner to request an urban or village expansion through an application for Official Plan Amendment outside of a comprehensive review. This change means expansion requests may happen more frequently and in a less coordinated way.
• Allowing private applications to expand settlement areas could complicate infrastructure planning. For example, downstream transit or road capacity deficiencies may be triggered or made worse by the new development and could compromise established multi-year capital programs identified in master plans.
• Any expansion would require new studies to assess whether existing infrastructure, like roads and utilities, can support the growth. This would demand more resources from City staff and could also have financial impacts if the necessary infrastructure isn’t covered by development charges.
• Responding to such expansion requests will necessitate the development of a new application type and fee, and the identification of the required supporting studies and their terms of reference. A future report to Council will provide further details on this new application and amendments to the Development Application Study Policy By-law.

3.  Employment areas (industrial lands)

• The 2024 Provincial Planning Statement permits the removal of employment areas (i.e., lands designated “Industrial and Logistics” and “Rural Industrial and Logistics”) via an application for Official Plan Amendment. In the 2020 Provincial Planning Statement, this could only be done through a comprehensive review. The conversion of Industrial and Logistics for housing development or other non-industrial uses puts undue pressure on these already limited land inventories and risks creating conflicts between incompatible land uses. Reviewing employment conversions on a case-by-case basis will likely require more staff resources. 
• Overall, the policies provide flexibility to convert industrial lands to non-industrial uses; however, municipalities must balance the need between the industrial and non-industrial uses to ensure sufficient industrial lands are available to accommodate the projected industrial growth in the Official Plan. 

4. Health and well-being

• The 2024 Provincial Planning Statement removes some references to promoting healthy communities in the vision statement and specific policies. This change reduces Provincial support for the Official Plan’s focus on building healthy and inclusive communities and makes it challenging for the City to ensure that growth considers public health and well-being.

5. Energy conservation, air quality and climate change

• The 2024 Provincial Planning Statement reduces policies related to air quality and climate change. Many references to preparing for climate change have been reduced or removed from the document. 

6. Agricultural dwellings, lot creation and system approach

• The 2024 Provincial Planning Statement permits up to three residential dwellings on a lot on prime agricultural lands (one primary home and two additional units). One of the extra units must be located within or attached to the primary dwelling, while the other can be detached and nearby. The additional units are subject to conditions related to minimum distance separation, compatibility with surrounding agricultural operations, appropriateness of sewage and water services, and minimization of land taken out of agricultural production. The two additional residential units are allowed on top of any farm worker housing, which is considered part of agricultural use. 
• Staff need more guidance from the Province on how these new rules for additional homes work with existing severance policies, which allow for the creation of new lots when farms are consolidated. 

7. Planning horizon

• The 2024 Provincial Planning Statement requires a planning horizon of at least 20 years and up to 30 years. The City’s Official Plan currently plans for development to 2046, which fits within this timeline. Future updates to the Official Plan could extend beyond a 25-year period. 
• Development potential resulting from a Minister Zoning Order will be in addition to the projected needs established in the Official Plan. The additional growth from Minister Zoning Orders is permitted to be incorporated into the next review of the Official Plan and related infrastructure plans.

8. Affordable housing

• The 2024 Provincial Planning Statement keeps many of the same policies and definitions from the 2020 Provincial Planning Statement, which were originally going to be removed in the 2023 draft. This includes Housing policy (Section 2.2 Policy 1); Strategic Growth Areas (Section 2.4 Policy 2) and definitions for “Affordable” and “Housing Options”. 

9. Natural heritage

• The 2024 Provincial Planning Statement provides minor wording changes to the natural heritage policies and definitions, but do not affect protections or require revisions to Official Plan policies.

Next steps

• Staff will bring a report to the Agriculture and Rural Affairs Committee, the Planning and Housing Committee, and to Council in October regarding a new type of application for urban and village expansions, as well as related fees and studies.
• Staff will submit comments to the Province on whether there are any specific planning matters that should be addressed through a transition regulation to facilitate its implementation. The City has until October 4, 2024, to provide feedback.
• The 2024 Provincial Planning Statement takes effect on October 20, 2024.
• Staff will bring an Official Plan Amendment in Q2 2025 to address changes from the 2024 Provincial Planning Statement. This report will a comprehensive analysis on the growth projections and the potential impacts of urban boundary expansions on the infrastructure master plan, the transportation master plan, and related financial matters including development charges.

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
 

To: Mayor Sutcliffe and Members of Council
From: Sean Moore, director, Lansdowne Park Project, Planning, Development and Building Services Department
Subject: Community Engagement Initiative for Lansdowne 2.0 Project
Date: August 7, 2024

Dear Mayor and Members of Council,

Staff received Direction from Council to undertake a community engagement initiative through an online public survey to identify any issues with community consultations related to Lansdowne 2.0 and seek suggestions on improving community consultations on major City projects moving forward.

Staff have completed an online public engagement survey in response to Councillor Brockington’s Direction from the City Council meeting on November 9, 2023. The Community Engagement Survey [ PDF 458.14 KB ] was conducted from May 21 to June 24, 2024, regarding the consultation process for Lansdowne 2.0. The information provided in this memo aims to summarize the feedback received and highlight areas for improvement to enhance future public consultations.

To promote the Community Engagement Survey for Lansdowne 2.0, a multifaceted strategy was employed to reach a wide audience. The survey was shared with all members of Council to promote through e-newsletters and social media channels. Additionally, the survey was featured in the City Builders e-newsletter, which boasts 12,000 subscribers, and sent to the Lansdowne 2.0 distribution list.

Public Information and Media Relations widened the survey’s reach through promotion on the City’s social media channels. Furthermore, staff promoted the survey during the Rural Summit workshops in ward 1 on May 27 and ward 5 on June 1, and at the Lansdowne 2.0 Site Plan application in-person event on Tuesday, June 18.

Improving community consultations

Through the survey we received various recommendations for improvements to community consultations. City staff will consider the noted feedback in this section to enhance the experience of participants and residents for future consultations.

1. Adopt best practices

Implement engagement methods that include visual ai.ds, interactive sessions, and comprehensive feedback mechanisms. Consider organizing design charrettes and town halls to foster collaborative planning and genuine dialogue.

2. Transparent communication

Enhance communication strategies to ensure residents and the community are well-informed about consultation opportunities and how their input will be used. Regular updates and clear reports on the consultation outcomes and decisions.

3. Broader geographic and demographic inclusion

Host engagement sessions in diverse locations across the city and actively involve Francophone, Indigenous, and diverse communities, as well as younger populations through targeted outreach, social media, and accessible platforms.

4. Authentic and open engagement

Reinforce that public consultations are genuine efforts to gather input. Ensure that decisions are made with the benefit of input from the consultation process and demonstrate how feedback has been incorporated into final plans.

5. Increase engagement opportunities

Expand the number of public meetings, including virtual and in-person options, scheduled at various times to accommodate different schedules. Ensure wide and early dissemination of information about these events.

6. Enhanced financial transparency

Provide comprehensive financial analyses and projections in accessible formats. Organize dedicated sessions to discuss financial aspects, ensuring all stakeholders understand the economic implications and answer the questions participants have.

7. Segmented consultation process

Future consultations should be organized into specific thematic areas to allow for in-depth discussions and targeted feedback. This approach will help address the complexity of large projects like Lansdowne 2.0.

The City of Ottawa has also run a separate survey on City engagement through “Engaging with You”. These consultations also give participants the opportunity to share their thoughts on the engagement process. This includes a feedback survey on Engage Ottawa for active users and opportunities to participate in a review of the Public Engagement Strategy and the engagement experience overall.

Sincerely,

Sean Moore

cc. Senior leadership team
Planning, Development and Building Services departmental leadership team
Director, Public Information and Media Relation

See Document 1 – Survey Responses Report [ PDF 458.14 KB ]

To: Mayor and Members of Council
From: Court Curry, manager, Right of Way, Heritage and Urban Design Services
Subject: Update on direction to staff on food gardens grown on City rights-of-way
Date: July 9, 2024

This memorandum provides an update on the review of whether to permit adjacent property owners to grow food and install raised planter boxes within the City’s rights-of-way.

Background

On June 23, 2023, the Transportation Committee approved amendments to the Use and Care of Roads By-law report (File No. ACS2023-PRE-RHU-0026 ). The report was a result of a Council direction to staff to look at opportunities to provide residents and community groups with the ability to undertake landscaping projects or install a free library box within City rights-of-way. At that Committee meeting, staff were directed to report back by the end of Q2 2024 on the practicality of growing food and the installation of raised planter boxes in the rights-of-way.

In addition, on October 25, 2023, Council approved a motion (File No. ACS2023-OCC-CCS-0122), which directed Recreation, Culture and Facilities Services to work with the Community and Social Services Department to conduct a thorough review and update of the Community Garden Action Plan, in partnership with the Planning, Development and Building Services Department and the Public Works Department. A memo was issued on March 14, 2024 which speaks to the Community Garden Framework Review, including the timelines for staff to bring a report to Council for approval in the Fall of 2024 in time for the 2025 growing season.

To ensure consistency in the approach to permitting the growing of food and raised planters on all City lands by residents and community groups, the review by Right-of-Way staff will be done concurrently with the review of the Community Garden Action Plan. This will ensure coordination of all recommendations to Council. Furthermore, Ottawa Public Health will be consulted in the review. Ottawa Public Health’s role in consultation on the Community Gardening Framework and the use of the rights-of-way for food growing and planters is to:

• Provide supporting health related statistics and data.
• Provide evidence-based information on the positive outcomes of growing food (e.g., being active in nature, social interaction, food skill development, access to local vegetables and fruit, community food security) and their related health impacts and contribution to a sustainable food system.
• Provide public health perspective on any concerns or risks of potential health hazards relating to gardening practices and/or locations.
• Provide evidence-based information on safe gardening practices to reduce the risk of health hazards (e.g., soil testing, raised garden beds).

Timelines and next steps

Given the timelines of the Community Garden Action Plan reporting to Council on its framework this fall and on its detailed operational plans in Q1 2025, the reporting on the use of the rights-of-way for food growing and planters will be presented prior to the 2025 growing season for Council’s consideration.

To ensure residents are consulted, staff will be launching an Engage Ottawa page in Fall 2024. Based on feedback received, staff will undertake further public engagement as considered necessary.

If you have further questions, please contact Jacqueline Quinn, specialist, By-law Review at Jacqueline.Quinn@ottawa.ca.

Sincerely,

Court Curry
cc. Senior leadership team
Planning, Development and Building Services departmental leadership team
Director, Public Information and Media Relations

To: Mayor and Members of Council
From: Derrick Moodie, Director, Planning Services, Planning, Development and Building Services Department 
Subject: New Zoning By-law - Updates to draft Zoning Map 
Date: July 5, 2024 

This memo is to advise the Mayor and Members of Council to corrections to the draft Zoning Map are being made. The corrections are based on technical errors that have been identified to-date during the on-going consultation of the first draft of the new Zoning By-law. A Change Log is being developed to capture these and potential future edits to maintain a transparent process.  

Background

The first draft of the new Zoning By-law was released on May 31, 2024. Since then, staff and the public have identified errors in the zone codes on the draft Zoning Map. These errors will be corrected and posted prior to the release of the second draft of the Zoning By-law in March 2025.

The process for correcting these errors are as follows:

• Staff will identify updates to the Zoning Map on a monthly basis, starting at the end of July 2024. 
• The changes will focus on errors and correcting zone codes that are not in conformity with the Official Plan. 
• A Change Log will be published each time an updated version of the Zoning Map is published and will be available on the Draft 1 Zoning Map web page.
• The Change Log will itemize each change made so residents can conveniently check to see what has changed on the draft Zoning Map.
• Each version of the draft Zoning Map will include a date and be archived for future reference.  
• Residents who have subscribed for updates about the new Zoning By-law will receive notification that the draft Zoning Map has been updated, with a link to the Change Log. 

Next Steps

Staff are aiming to publish an updated version of the draft Zoning Map at the end of July 2024.    

Sincerely,

Derrick Moodie
Director, Planning Services
Planning, Development and Building Services Department

Cc: Senior leadership team
Planning, Development and Building Services departmental leadership team
Andrea Lanthier-Seymour, Director, Public Information and Media Relations

To: Mayor and members of Council
From: Court Curry, manager, Right of Way, Heritage and Urban Design Services, Planning, Development and Building Services Department
Subject: Bill 200 Homeowner Protection Act and Bill 139 Less Red Tape, More Common Sense Act 
Date: July 4, 2024 

The purpose of this memo is to summarize the amendments recently introduced to the Ontario Heritage Act that are now in force via Bill 139, the Less Red Tape, More Common Sense Act (2023) and Bill 200, the Homeowner Protection Act (2024). 

Bill 139, Less Red Tape, More Common Sense Act

This Bill was introduced in the Provincial legislature in October 2023 and received royal assent on December 19, 2023. The bill amends the Ontario Heritage Act and Ontario Regulation 385/21 to establish a new process for the review and approval of applications to alter properties that are both designated under Part IV of the Ontario Heritage Act and used primarily for religious practices. These amendments were proclaimed into effect on July 1, 2024. 

The new provisions of Bill 139 require Council to automatically consent to an application to alter a building or portion of a building used for religious practices, provided that the following conditions are met: 

• The heritage attributes proposed to be altered are connected to religious practices. 
• The proposed alteration of a heritage attribute is required for religious practices. 
• The applicant provides an affidavit confirming that the alterations are required for religious practices.
• The applicant provides all submission material prescribed by Ontario Regulation 385/21. 

The Ontario Heritage Act specifies that the term “religious practices”, for the purposes of alterations, includes Indigenous religious or spiritual practices. These provisions do not apply to applications for additions to buildings used for religious practices. 

Staff will propose amendments to the Delegation of Authority by-law to ensure that applications under this section can be processed promptly in accordance with the legislation. 

Bill 200, Homeowner Protection Act

This Bill was introduced in the Provincial legislature on May 27, 2024, and received royal assent on June 6, 2024, with its amendments coming into effect on the same day. Bill 200 amends Section 27 of the Ontario Heritage Act to extend the deadline for the automatic removal of non-designated properties listed on the City’s heritage register from January 1, 2025, to January 1, 2027. This is intended to ease administrative pressures and allow more time to focus efforts on conserving properties significant to the community.

Bill 200 also amends the Ontario Heritage Act to clarify the applicability of Section 27 (18) to listed properties voluntarily removed from the heritage register by Council. The new section 27 (20) specifies that properties voluntarily removed from the heritage register on or after January 1, 2023, and before June 6, 2024, are also subject to a five-year prohibition from being re-listed on the City’s heritage register, with the five-year prohibition commencing on January 1, 2027. This amendment will change the City’s approach to maintaining the Heritage Register.  

Implementation

In general, Bill 200 has a positive impact as the extension of the deadline to January 1, 2027, provides more time for meaningful conversations with community groups and property owners on the review of the City’s Heritage Register and the subsequent designation of priority properties under Parts IV and V of the Ontario Heritage Act. 

Some aspects of the implementation strategy will change in alignment with the amended legislation. Most notably, staff will no longer recommend to Council the proactive removal of certain Heritage Register-listed properties because the amended Ontario Heritage Act now applies a five-year prohibition to re-listing properties on the Heritage Register after their voluntary removal by Council, therefore there is no longer a strategic benefit to removing properties from the Heritage Register in advance of the legislated deadline for removal. 

In addition, staff are unlikely to recommend further listings on the City’s heritage register until after the re-listing prohibition period concludes in 2032 unless there is an associated Planning Act application. A property owner continues to have the opportunity to request removal from the City’s Heritage Register through the established business process. After an application under the Planning Act is deemed complete, the City is permitted to designate the property within 90 days, but only if the property is listed on the Heritage Register when the Planning Act application is deemed complete. In situations where an application under the Planning Act is anticipated and the subject property remains eligible for listing on the Heritage Register staff may recommend its addition to the Heritage Register to retain the City’s right to designate the property while the Planning Act application is active.   

For any inquiries on this item, please contact Lesley Collins, Program Manager, Heritage Planning.

Original signed by 

Court Curry

cc: Senior leadership team
Planning, Development and Building Services departmental leadership team
Andrea Lanthier-Seymour, Director, Public Information and Media Relations

To: Mayor and Members of Council
From: Vivi Chi, P.Eng., Interim General Manager, Planning, Development and Building Services Department and Tammy Rose
General Manager, Infrastructure and Water Services
Subject:  Lansdowne 2.0 update
Date: June 20, 2024 

The purpose of this memorandum is to provide a brief update to respond to some questions staff have received related to the release of the Auditor General Agile Audit of the Lansdowne 2.0.

Staff are committed to ensuring value for money and the responsible and effective use of taxpayers’ money. Toward this goal, staff recognize and fully support the role of the Office of the Auditor General and the value these audits bring to ensuring continuous improvement in the delivery of service and implementation of Council priorities.

Further, staff agree with the two recommendations identified in the Auditor General's report on the Lansdowne 2.0 redevelopment.

This memo is sent to clarify where staff differ on some of findings contained in the report and why.

As Members of Council are aware, the Lansdowne 2.0 Redevelopment Project is being undertaken through a step-by-step approval process, with staff undertaking due diligence exercises prior to each recommendation, and then following each Council approval.

The Auditor General’s Agile Audit of the Lansdowne 2.0 was contemplated as part of the staged approvals process, and her recommendations are consistent with the approach staff has taken in all the previous reports to Council and will continue to take in the future, as per the Management response in this audit. With that, it is evident that further clarity is needed with respect to what can be perceived as a disconnect between the Auditor General’s approach to the cost estimate calculations and the estimates presented to City Council in recent reports.

Staff agrees with recommendation 1 and can assure Council that staff used the City’s construction cost estimating guide, along with the City’s Risk Management approach to prepare the estimates for the Lansdowne 2.0 procurement process as well as the funding strategy. Where the general guidelines on an unknown site do provide for a larger contingency, for this project, the City has more detailed information available and greater certainty given the extensive experience in the operations and ownership of the site. While the site has a long history being under the City’s ownership since 1847 (by then Bytown), it has the benefit of the work that went into the Lansdowne 1.0 redevelopment and the operating experience of the site from 2014 to date.

The City’s construction cost estimating guide allows for contingencies in Class C and D estimates to be reduced from those specified for projects in which there is a greater certainty of details and scope. To facilitate the most accurate information informed the business case assumptions and associated projections before Council for consideration, staff have applied this allowance to the Lansdowne 2.0 through various due diligence exercises, including planning reports and studies, additional cost estimating and advancement in design elements. This was done to provide Council with a high degree of reasonableness and certainty in the cost estimating. This approach is consistent with past practices where more robust information was available, and staff have confidence in the estimates presented to Council in the November 2023 report and for the procurement processes. This information was provided to Council at the time.

The validation exercises through the completion of the necessary due diligence of the 2022 Funding Strategy and Cost estimating fully complied with Council’s direction and as stated in the Audit report, demonstrated an extensive effort to engage sufficient and appropriate expertise, both external and internal to the City to validate the financial assumptions and projections for the Lansdowne 2.0 redevelopment. This level of effort will continue through all stages of this project. Staff remain committed to bringing forward a plan that creates the highest value for money and respects the investment by taxpayers in this important city asset. We remain confident that the original estimates that were presented to Council are appropriate and align to the guideline for developing them.

As previously presented to Council, staff have committed to updating the Project Delivery Review and Cost Estimating Guide by the fourth quarter of 2025 to ensure it continues to align with industry standards on both the applications and contingency ranges and risk factors. To enhance transparency staff will outline additional detail of how the Guide was applied and the data, analysis and due diligence that went into its application on projects in future reports.

Staff were focused on identifying and mitigating risks associated with this project through the due diligence undertaken to date and are continuing to work diligently to deliver a final plan that fits within the range of the original budget estimates.

As outlined in the April 2024 Lansdowne 2.0 Procurement Options Analysis and Recommendations report (ACS2024-PRE-GEN-0002), the procurement model is also designed to assist in mitigating risk by utilizing a stage gate process that requires cost validation exercises throughout the design process, ensuring financials remain on-track and allow time to adjust design through value engineering exercises. Most importantly the model allows for a final construction tender price to be provided to Council prior to considering proceeding with the Lansdowne 2.0 project.

In addition, not directly related to the audit but in response to questions, staff are working on the next steps including community outreach, detailed design, event centre site plan engagement, Urban Design Review, and additional financial and legal due diligence to confirm budget and proforma projections. Staff will prepare a report for Council's consideration that includes actual costs based on the results of the Request for Proposal for the project in the fall of 2025. Council will have the benefit of the actual costs for the construction, the event centre, podium, parking, air rights and north side stands in response to the Request for Proposal prior to consideration of its final decision to proceed. This report will be provided 30 days in advance of Council’s consideration, and Council will provide final direction regarding this project following Committee review and recommendation.

The City is preparing the site plan for the Lansdowne 2.0 event centre. Before the site plan is designed, staff are seeking the public’s input. A second session will be held:

Sunday, August 11, from 9 am to 3 pm
Lansdowne Farmers Market booth 

As the City and its partners move ahead with a detailed design, staff will report to Council later next year on the final package of approvals, including the final construction price, final air rights value and any required funding strategy amendments prior to construction as noted above. We trust this provides clarity on the questions received to date. Should you have further questions staff are available to answer your questions and will be at the Audit Committee on Monday June 24, 2024. We look forward to continuing to work with the Auditor General on her next agile audit and remain committed to bringing forward a plan that creates the highest value for money and respects the investment by taxpayers in this important city asset. We remain committed to meeting the original estimates that were presented to Council. Our job now is to work hard to deliver a final plan that falls within the range of the original estimates for Council’s consideration in 2025.

cc: Senior leadership team, Auditor General
Director, Public Information and Media Relations

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

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

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 A – Analysis of the Proposed Provincial Planning Statement [PDF 695 KB ]

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. 

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

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

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

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

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

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.  
   

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

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

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.

2. 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.

2. Minor increase in tree canopy coverage (Document 3 [PDF 14.5 MB ]) from 51 per cent to 53 per cent.
3. 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:

• Civic Hospital parking garage design update presentation June July 2023 - Document 1 [ PDF 11.1 MB ]
• Civic Hospital development parking garage plan - Document 2 [ PDF 1.57 KB ]
• Civic Hospital development tree canopy cover master plan - Document 3 [ PDF 14.5 MB ]

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

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.

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.

¹ Statistics Canada. Table 17-10-0139-01 Population estimates, July 1, by census division, 2016 boundaries

² Ontario Ministry of Finance, correspondence July 26, 2019; June 23 2021; https://www.ontario.ca/page/ontario- population-projections accessed November 17, 2023.

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

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

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