The Wellington Village Community Association (WVCA) is a volunteer, non-profit community group of local residents that represents over 1,500 households in our neighbourhood.

Friday, March 30, 2012

Sunday, March 25, 2012

Reply re: Section 37 Agreements in Wellington Village

Thanks Duff,

Although it is unlikely that WVCA will have a development within their boundaries that qualifies for Section 37 it was something I wanted to ensure I asked each Community Association. Especially with the new West Wellington CDP being strongly adhered to, there won't be the opportunity for a developer to apply for uplift along the main business street. In general development is being targeted primarily by proximity to rapid transit which doesn't leave a great amount in Wellington Village catchment area.

However Sec 37 of the Ontario Planning Act has not been used in Ottawa up until now, and without seeing the draft report about to go before Council, it is perhaps not well understood.

In general it is anticipated Section 37 might affect a maximum of 10 - 15 building projects a year throughout the City. When CDP's are created, like for example at Bayview, that zoning will be set as to what Planning expects to be built. Sites will not be underzoned in order to have Sec 37 apply - what is intended for that site will have been set. Also the City does not have the manpower or funding to consider the Section 37 process for a multitude of applications. The City would have to hire another full time position to do so, as they have done in Toronto. There are requirements for separate accounting streams etc.. as well. So overall there is a great deal of overhead to the City.

The reason why I have asked all the CA's to prepare a list of community benefits they would be interested in if Section 37 were to apply, is because of the time frames involved. Sec. 37 is an independent legal agreement that must be filed with the site plan. The agreement is part of the title.

Hintonburg is a step ahead as they have a list already inherent with its NPI, but if a community wants to ensure any particular benefits are considered, their early input helps guide a discussion the City planner has with the developer early along the planning process, perhaps even before the application is filed and is able to be legally discussed with the public. This is key for a number of reasons, one being the amount of time available in the planning process to complete the agreement given the complexity of the agreement. The benefit may be in a building amenity, not cash, that would make it of use to all in the community, not just those who live in the building. So a choice the community might come up with may not be achievable given the amount that is assessed or the time available to strike the contract. The actual $ amount won't be known until zoning is approved. The developer must agree, as must the Councillor, so Planning advises asking for a list in advance to allow more members of the community the opportunity to input and get a feel for what a community's interests might be should a Section 37 situation come up. It gives some direction for a discussion, since the planner and the developer may not be as intimately familiar with living in the area and may look at proposing something that is not desired by the community.

It is critical to note that Section 37 will not be an exchange for poor planning. And it is not generally a huge amount of money. Diane Holmes was able to secure $1 million dollars for one property downtown, which led many to think that was the norm, but there were a number of different circumstances at play with that particular development and it is certainly not the norm to get that amount.

Please let me know if you need any exact details on how the uplift is calculated, or anything more about what the City of Ottawa is choosing to enact this section of the Ontario Planning Act.

In terms of a square or community space as you mentioned, those types of benefits could be funded by cash-in-lieu of parkland funds for that development or from the Kitchissippi fund. Or they may be provided anyway - aside from the cash in lieu.. City Planners have negotiated this type of benefit via public easements at both the Convent property (with a park and pedestrian/cycling route that flows through from Byron to Richmond) and on Roosevelt (that has one acre of public space alone). That means the public can use the grounds, it is not private property. (Which normally it would be and could be gated). So those types of benefits can be achieved aside from Section 37 and obtained even when Section 37 does not apply. That is normal City planning practice to obtain those benefits on critical sites of importance to the entire community.

Anyhow, I appreciate that you have given this opportunity to input community benefits some discussion, and provided your considered decision in that regard.


Friday, March 23, 2012

Section 37 Agreements in Wellington Village

Dear Councillor Hobbs,

You have invited us to provide you with a list of community benefits that we would like to see in our neighbourhood under a section 37 agreement. While we are not opposed in theory to section 37 agreements, we do share many of the concerns expressed by the Federation of Citizens' Associations of Ottawa-Carleton on the City's "Guidelines and Protocol for the Implementation of Section 37 of the Planning Act" (the Guidelines). Our preference is therefore to deal with community benefits on a case-by-case basis and not provide you with a list.

We have several reasons for this position. First, we believe that a developer should not assume that section 37 is as simple as picking a community benefit off a list. We want developers to make section 37 proposals that represent good-faith attempts to engage with the community. In other words, we want to have the opportunity to try and ensure that there is some linkage and proportionality between the variance sought and the proposed community benefit. For example, a small plaza would be a great addition to our stretch of Wellington Street, but not if it is going to be in an out-of-the-way location, in permanent shade or next to a busy driveway.

Second, we note that, under principle 2.4 of the Guidelines, a benefit that is linked to a development in our neighbourhood could be provided on a "city-wide scale rather than necessarily in proximity to the development". We believe that by dealing with section 37 agreements on a case-by-case process we will have a better opportunity to try and balance the needs of our community and the needs of the City against the potential impact that the proposed variance may have on our community.

Third, we believe that case-by-case consultations and negotiations will allow for greater community involvement and will better accommodate the needs of the community over time. If a benefit is simply chosen off a list and presented to the community as something "chosen for them", there will be even more cynicism about planning and development than there already is. Moreover, there is no guarantee that any community benefits that our Board could choose for you today will reflect the priorities of the community when a possible agreement comes up five years from now. And there is certainly no guarantee that benefits chosen today will constitute a good trade-off for a major variance that no one expected.

Finally - and also with an eye to the future - we believe that dealing with section 37 agreements on a case-by-case basis will give us an opportunity to try and ensure that any community benefit that is located on private property will be properly secured against title to that property. Our concern here is that an agreement that binds the developer of a condominium may not bind the condominium corporation after the handover to the corporation.

City's Infill Study at Planning Committee

From Selma Hassan, City of Ottawa:

The Infill Study is currently scheduled to be presented at the April 10th Planning Committee meeting.

Thursday, March 22, 2012

Watermain Reconstruction on Holland Avenue from Scott Street to 40 meters south of Tyndall Street

From Councillor Hobbs:

The project is located on Holland Avenue from Scott Street to 40 meters south of Tyndall.

The project includes the following:


The Ottawa River Action Plan

From Ecology Ottawa:


Every year, the City of Ottawa dumps hundreds of millions of litres of untreated sewage directly into the Ottawa River. Now you have an opportunity to help stop this travesty once and for all. The province and the City of Ottawa have developed a plan, and the province and the city have both agreed to put up their fair share of the money. All we need is federal funding in the upcoming 2012 federal budget. Click here to let Ottawa area members of parliament know that you want action to clean up the river!

Friday, March 16, 2012

March meeting this Tuesday!

WVCA members and supporters:

The next meeting of the Wellington Village Community Association is Tuesday March 20, 7 pm, at Collected Works.

We will be discussing the following opportunities and news:

  • New splash pad and play structure for Fisher Park

  • Police notice re. trend in property thefts from vehicles

  • Changes to zoning and design guidelines for infill housing

  • Clean Up the Capital

  • Hampton Park dog walking rules

  • WW BIA initiatives

  • Further sewer replacement work to start on Holland Ave.

  • New Ecology Ottawa neighbourhood environmental network

  • Opportunity to paint streets/intersections

Please come out and join us!

Thursday, March 15, 2012

Registration 2012 Spring Cleaning the Capital Campaign / Inscription Grand m

From the City of Ottawa:

On behalf of the City of Ottawa's Cleaning the Capital Team and Tim Hortons, we would like to inform you that