Sectioin 37

The City has released draft guidelines for implementing Sec 37 of the Planning Act. The following letter was sent to Alain Miguelez in the Planning Dept; and Councillors Hume and Holmes.


755 Somerset Street West, Ottawa, Ontario, K1R 6R1

10 January 2012

Alain Miguelez, City of Ottawa


Re: Section 37 Implementation Guidelines

The Dalhousie Community Association has several concerns with the Draft Implementation Guidelines as presented at a community consultation 6 December 2011. These are:

1. The threshold for building area will be excessive in many circumstances of infill. Rather than 7000m2, we recommend 3000m2.

2. The threshold for height is excessive. Height is one the most politically sensitive issues around. The threshold should be 10 or 12%, not 25%.

3. In every area where there is a CDP, the threshold for Section 37 to kick in should be the lesser of the existing zoning or the maximum height established by the CDP. This should apply whether or not a CDP specifically mentions Section 37.

4. The portion of all Section 37 benefits automatically ascribed to affordable housing should be prescribed as “minimum 25%”.

5. Where a proposal by-passes the threshold criteria of Section 37 by seeking a Minor Variance, rather than a re-Zoning, the Guidelines should specifically require the City planning department to recommend to the Committee of Adjustment that the Minor Variance be refused.

6. “Value Uplift” based on merely inner and outer urban, is too general and reduces the value in those areas where redevelopment is most likely. The number of zones should be substantially increased and fine tuned.

Yours truly,

Eric Darwin, President

cc: Councillor Peter Hume
Councillor Diane Holmes