agriculture and rural affairs committee report 40a 23 april

AGRICULTURE AND RURAL
AFFAIRS COMMITTEE
REPORT 40A
23 APRIL 2014
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LE 23 AVRIL 2014
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REPORT AND ZONING AMENDMENT ON RESIDENTIAL CONVERSIONS
ACS2014-PAI-PGM-0043
CITY WIDE
REPORT RECOMMENDATION:
That Planning Committee and Agriculture and Rural Affairs Committee
recommend Council approve an amendment to the Zoning By-law 2008250 as detailed in Document 1.
Ms. Lee Ann Snedden, Manager, Planning Development and Urban Design
Branch (PDUD), Planning and Growth Management Department (PGM),
introduced Mr. Tim Moerman, Planner, Intensification and Zoning Unit (IZ),
PDUD, PGM, who provided a detailed PowerPoint slide presentation overview
of the report (held on file with the City Clerk). Mr. Alain Miguelez, Program
Manager, IZ, PDUD, PGM, was also present to respond to questions. RideauVanier Ward Councillor Mathieu Fleury and Capital Ward Councillor David
Chernushenko were also in attendance.
Questions to Staff centred on clarification of the stipulations under which the
conversion of certain types of residential buildings (to increase the number of
dwelling units) could take place, in order to close existing ‘loopholes’ and to
set performance standards and to bring certainty to the process.
The Committee then heard from the following delegations who raised
concerns including: insufficient time for public consultation; lack of a transition
provision to recognize applications currently in process or recently approved;
unintended consequences of new restrictive changes to performance
standards for amenity space (Zoning Bylaw, Table 137); maintenance of
heritage attributes; illegal conversions; impediments to student residency;
occupancy limits, traffic and noise problems; requests for additional clarity;
requests of deferral of this matter for further study and consultation, or an
AGRICULTURE AND RURAL
AFFAIRS COMMITTEE
REPORT 40A
23 APRIL 2014
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extension of the existing Interim Control By-Law (ICBL) to allow more time to
work out the details of the new By-Law:

Mr. Brian Casagrande, FoTenn Consultants Inc., representing Surface
Developments, Capital View Developments, Messrs. Eli Tannis, Joe
Peloso and Mario Staltari, Brigil Homes,Theberge Homes and DCR
Phoenix Developments (in opposition to the report recommendation,
and requesting deferral).

Ms. Sheila Perry*, Chair, Planning and Zoning Committee,
Federation of Citizens’ Associations (in support of the recommendation).

Mr. Milan Stolarik, Business License Bylaw Steering Committee, speaking
on behalf of the residents of Ryan Farm and Cityview (in support, with
requests for the City to develop measures to deal with illegal conversions).

Mr. Raj Rasalingam, Protocol Plus Inc., representing the interests of a
group of rental home providers and also appearing on behalf of Ottawa’s
Tamil and Sikh communities (in opposition).

Mr. Wissam Elias, W. Elias Engineering (in opposition, primarily with
Section 137, applying to amenity space requirements).

Ms. Ursula Melinz, Soloway, Wright, representing Minto Developments
(and its affiliated companies), Domicile Developments, Urbandale
Developments, Riverside South Development Corporation and KNL
Developments (in opposition and requesting deferral).

Mr. Dennis Jacobs, Momentum Planning and Communications Consulting
(in support, but seeking a site-specific exemption from the provisions of
the new By-Law for the property at 291-293 Lyon Street).

Mr. Ali Mashaie (in opposition, requesting that decisions made previously
by the Ontario Municipal Board and Committee of Adjustment be
grandfathered, and not subject to the provisions of the new By-Law for
projects underway.
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
Mr. Murray Chown, Novatech Engineering, spoke in opposition to the
report recommendation and also requested deferral, on behalf of Doyle
Homes, Hazlett Construction, Prestwick Construction, The Regional
Group, The Hall Group, The Infill Coalition, Sage Developments, Ark
Construction, Surface Developments, et. al.

Mr. Jim Burghout, Claridge Homes, echoed Mr. Chown’s and Ms. Melinz’
request for deferral to allow additional time for consultation pertaining to
the By-Law’s provisions regarding amenity space.

Mr. Jacques Hamel, speaking on behalf of ‘Developers’, also expressed
concerns with the amenity space provisions of the new By-Law.
Correspondence also received from the following, as noted:

Mr. Greg Robertson*, Program Manager, Security Operations, Ottawa
Police Service, citing errors in the staff report pertaining to accessibility
issues.

Mr. John Harvey*, in opposition.

Ms. Linda Hoad*, Co-Chair, Zoning Committee, Hintonburg Community
Association, in support.

Mr. Kian Mazaheri*, in opposition.

Ms. Janet Bradley*, Borden Ladner Gervais, LLP, in opposition, on behalf
of the owners of properties located at 914 Col. By Drive, 946 Col. By Drive
and 99 Greenfield Avenue.

Ms. Katherine Grechuta*, FoTenn Consultants Inc., on behalf of Takyan
Consulting and Development Inc. for property at 87 Mann Avenue. (and
other properties), and also on behalf of 2200619 Ontario Inc. for the
property at 99 Greenfield Avenue, in opposition and requesting deferral.
AGRICULTURE AND RURAL
AFFAIRS COMMITTEE
REPORT 40A
23 APRIL 2014
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Written comments in opposition to the report recommendation were submitted
at the meeting by:

Mr. Rakan Abu Shaar*.

Mr. Tamer Abaza*.
The following individuals had registered to speak but were not in attendance:

Mr. Ted Phillips, Taggart Developments and Ms. Sarah Millar Martin,
FoTenn Consultants Inc., (in opposition and requesting deferral).

Mr. Phil Castro, Richcraft Homes (in opposition, as pertains to amenity
area provisions).

Mr. Domenic Costantino, Costantino & Associates Architect, Inc., (in
opposition).

“Alex” (no last name provided, no position given).
[ * Individuals / groups marked with an asterisk above either provided comments
in writing or by email; all submissions are held on file with the City Clerk. ]
Committee deliberations included questions and answers of staff arising from
points raised by the delegations, including the introduction of a transition
clause to encompass applications already underway, and the possibility of
allowing pre-consultative sessions to qualify development applications for
inclusion by this proposed transition clause. Committee also asked about the
level of consultation staff had undertaken with Members of Council, and with
concerned parties prior to the release of the report. Staff provided a brief
outline of the consultation that had been undertaken to date, offering to
circulate detailed information after the meeting. Committee further considered
whether additional consultation could be undertaken prior to Council’s
consideration of this matter.
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The following Motion was introduced to address the provision of a transition
clause:
MOTION NO PLC 71/4
Moved by Councillor S. Qadri:
That Report ACS2014-PAI-PGM-0043 be amended by adding the
following text to Document 1 – Details of Recommended Zoning:
“10. In addition to Item 6, that Section 137 be amended by adding a new
subsection (6) providing for a transition clause for in-stream
applications and which states:
“(6) (a) If an application for any one or more of:
(i) Committee of Adjustment approval;
(ii) site plan control approval, including an extension of site
plan control approval; or
(iii) building permit
was received by March 20, 2014, the application, as well as
any subsequent application listed in (i) to (iii) above
submitted prior to the issuance of a building permit, will not
be reviewed on the basis of the requirement to locate
communal amenity area at grade in the rear yard, and
abutting the rear lot line, as set out in Column IV of Rows 1 to
4 inclusive of Table 137.
(b) For the purposes of clauses (a), “application” means an
application that was filed with the City on or before March
20,.
(c) Nothing in this by-law applies so as to continue the
exemption provided by this subsection beyond the issuance
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of the approval upon which the exemption is founded; and in
no case does the exemption continue beyond the repeal of
this subsection.
(d) Once the permit or approval resulting from the processing of
the application noted in clause (a) has been granted, the
provisions of Column IV of Rows 1 to 4 inclusive of Table 137
identified in clause (a) apply.
(e) Subsection (6) is repealed eighteen months from the date of
enactment.”, and;
That there be no further notice pursuant to Section 34 (17) of the
Planning Act.
CARRIED
Councillor Hobbs then introduced the following Motion pertaining to an
exemption for the property located at 291-293 Lyon Street:
MOTION NO PLC 71/5
Moved by Councillor K. Hobbs:
BE IT RESOLVED that the lands at 291-293 Lyon be included within the
Transition Provision subject to the 18 month deadline.
CARRIED
Regarding the matter of additional consultation with affected parties, Chair
Hume noted that the current ICBL would expire on 24 April 2014, and rather
than ask Council to consider this matter at its meeting of 9 April 2014, it could
be put before Council for its meeting of 23 April 2014, at which time the ICBL
could be extended if a resolution could not be achieved regarding the new
AGRICULTURE AND RURAL
AFFAIRS COMMITTEE
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Residential Conversions By-Law. The Committee concurred with a Direction
to Staff to defer Council’s consideration of this matter to 23 April 2014 (as
detailed below).
Discussions having concluded, the report recommendation was put before
Committee and was CARRIED, as amended by Motions NOS PLC 71/4 and
PLC 71/5:
That Planning Committee recommend Council approve:
1. An amendment to the Zoning By-law 2008-250 as detailed in Document
1, as amended by the following:
That the following text be added to Document 1 – Details of
Recommended Zoning:
“10.
In addition to Item 6, that Section 137 be amended by adding a
new subsection (6) providing for a transition clause for in-stream
applications and which states:
“(6) (a)
If an application for any one or more of:
(i) Committee of Adjustment approval;
(ii) site plan control approval, including an extension of
site plan control approval; or
(iii) building permit
was received by March 20, 2014, the application, as well
as any subsequent application listed in (i) to (iii) above
submitted prior to the issuance of a building permit, will
not be reviewed on the basis of the requirement to locate
communal amenity area at grade in the rear yard, and
AGRICULTURE AND RURAL
AFFAIRS COMMITTEE
REPORT 40A
23 APRIL 2014
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MINUTES 71
25 MARCH 2014
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abutting the rear lot line, as set out in Column IV of Rows
1 to 4 inclusive of Table 137.
(b)
(c)
For the purposes of clauses (a), “application” means an
application that was filed with the City on or before
March 20.
Nothing in this by-law applies so as to continue the
exemption provided by this subsection beyond the
issuance of the approval upon which the exemption is
founded; and in no case does the exemption continue
beyond the repeal of this subsection.
(d) Once the permit or approval resulting from the
processing of the application noted in clause (a) has
been granted, the provisions of Column IV of Rows 1 to 4
inclusive of Table 137 identified in clause (a) apply.
(e)
Subsection (6) is repealed eighteen months from the
date of enactment.”
2. That the lands at 291-293 Lyon be included within the Transition
Provision subject to the 18 month deadline, and;
3. That there be no further notice pursuant to Section 34 (17) of the
Planning Act.
CARRIED, as amended
AGRICULTURE AND RURAL
AFFAIRS COMMITTEE
REPORT 40A
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DIRECTION TO STAFF
That staff meet with all delegations to Planning Committee on 25 March 2014,
all other Councillors, and anyone else who would like to speak about the
Conversion Bylaw recommendations, to discuss the recommendations and
provide a memo to Council on these consultations and the other consultations
undertaken during this project before the matter rises to Council on 23 April
2014.
The Agriculture and Rural Affairs Committee (ARAC) will consider this matter at
its meeting of 3 April 2014, following which, it will proceed to Council in a
Report from ARAC for the Council meeting of 23 April 2014.