Report to/Rapport au :

Agricultural and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and/et

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

18 December 2008 / 18 décembre 2008

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability/

Services d'infrastructure et Viabilité des collectivités

Richard Kilstrom, Manager/Gestionnaire, Community Planning and Design/

Aménagement et conception communautaire, Planning and Growth Management/

Urbanisme et Gestion de la croissance

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

City Wide/à l'échelle de la Ville

Ref N°: ACS2009-ICS-PLA-0023

SUBJECT:	COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - FOURTH REPORT
OBJET :	RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – QUATRIÈME RAPPORT

REPORT RECOMMENDATIONS

1. That Planning and Environment Committee recommend that Council approve the amendments recommended in Column 4 of Document 1, to correct anomalies in Zoning By-law 2008-250; and

2. That Agriculture and Rural Affairs Committee recommend that Council approve the amendments recommended in Column 4 of Document 2, to correct anomalies in Zoning By-law 2008-250.

RECOMMANDATIONS DU RAPPORT

1. Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver les modifications recommandées dans la Colonne 4 du Document 1 afin de corriger des anomalies dans le Règlement de zonage 2008-250;

2. Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications recommandées dans la Colonne 4 du Document 2 afin de corriger des anomalies dans le Règlement de zonage 2008-250.

BACKGROUND

On June 25, 2008 City Council adopted the new Comprehensive Zoning By-law 2008-250 which affects all properties within Ottawa. By-law 2008-250 replaces the 36 Zoning By-laws of the former municipalities that were amalgamated in 2001. Since the adoption of the Zoning By-law, staff have been identifying anomalies that require correction, and reports to correct the anomalies are being forwarded to Committee and Council on a regular basis. This report details recommended amendments to correct a number of the identified anomalies.

DISCUSSION

Since the adoption of the Zoning By-law 2008-250, staff has monitored the new by-law and has identified certain anomalies that are being recommended for correction. Documents 1 and 2 provide staff recommendations to Planning and Environment Committee and Agriculture and Rural Affairs Committee on the anomalies, and include details of the recommended amendments in the urban area in Column 4 of Document 1, and amendments to the rural or greenbelt areas in Column 4 of Document 2. Document 3 contains the maps showing the location of zoning map corrections.

The amendments are intended to correct mapping and text reference errors in the implementation of Council-approved changes that were not accurately reflected in the Comprehensive Zoning By-law.

CONSULTATION

Notice of the public meeting to deal with these anomalies and corrections was provided in The Citizen and Le Droit, with a listing of the addresses and provisions subject to correction. As well, interested parties have been notified by individual mail.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

Document 1 List of Anomalies and Modifications to Zoning By-law 2008-250 for consideration by Planning and Environment Committee

Document 2 List of Anomalies and Modifications to Zoning By-law 2008-250 for consideration by Agriculture and Rural Affairs Committee

Document 3 Location Maps

DISPOSITION

Infrastructure Services and Community Sustainability Department to prepare the implementing by-law, forward it to Legal Services who will then forward the by-law to City Council.

LIST OF ANOMALIES AND MODIFICATIONS TO ZONING

BY-LAW 2008-250 FOR CONSIDERATION BY PLANNING AND

ENVIRONMENT COMMITTEE DOCUMENT 1

Item No.	Reference	Objective of Amendment	Proposed Amendment
1	Parts 6 and 9 on 4R-15875 (former City right-of-way abutting 4100 Strandherd Drive)	The City has sold a former right-of-way to accommodate a parking lot for an adjacent commercial plaza at 4100 Strandherd Drive. In the new by-law, the sold right-of-way forms a boundary between an L1 zone and an LC[181] zone. Consequently, the western half of the right-of-way is zoned L1, and the eastern half is zoned LC[181]. Closure of the right-of-way has already been approved. The entire closed right of way should be placed in the LC[181] zone, to reflect zoning of 4100 Strandherd.	Rezone part of the subject lands from L1 to LC[181]
2	Section 239, Exception [1475]	Exception [1475] includes reference to R3P[1475] in Column II but not to R3Q[1475]; both of these appear on the zoning maps and should be listed.	Amend Column II of Section 239, Exception [1475] to add reference to R3Q[1475]
3	Subsection 163(3)	The reference to "64B" is a typographical error and should state "164B".	Amend subsection 163(3) to refer to “164B” instead of “64B”
4	Subsection 227(5)	Subsection 227(5) makes reference to Table 227 Column V, but should instead refer to Column IV.	Amend Subsection 227(5) to refer to Table 227 Column IV
5	Corner of Bradwell Way and Findlay Creek Drive (Dragonfly Park)	The park is shown as I1E-Minor Institutional instead of O1-Parks and Open Space. As well, as the parking on this site is to be shared with the adjacent school sites, an O1 exception should also be created to permit sharing of parking.	Rezone the subject lands to O1 and create and apply a new exception that permits the parking on the park site to be shared with the schools in the adjacent I1E Zones
6	Section 188- GM4 Subzone	Table 187A in subsection 188(4) should be renumbered Table 188A to correct a typographical error.	Amend clause 188(4)(d) and the title of Table 187A to instead refer to Table 188A
7	Section 239, Exception [474]	Exception [474], Column V states "Section 187, subsection 14(b) does not apply." The wording should be changed to refer to Section 188, subsection 14(b) to correct a typographical error.	Amend Section 239, Exception [474] Column V, to refer to Section 188, subsection 14(b) instead of Section 187, subsection 14(b)
8	2272 Tenth Line Road	Former Cumberland zoning by-law permitted a car wash accessory to an automobile service station on these lands (under the definition of “automobile convenience station”). New exception [950] should be revised to include this use.	Amend Section 239, Exception [950] to add “car wash accessory to an automobile service station or gas bar “ as an additional permitted land use
9	255 Didsbury Road	A site plan application was submitted for a funeral home on this site prior to the approval of the new zoning by-law. The P- Public and Institutional zoning under the former Kanata zoning by-law permitted this use. However, the new I1B-Minor Institutional zoning does not permit a funeral home. The zoning of these lands should be revised to permit this use.	Create and apply a new exception to these lands to permit a “funeral home” as an additional permitted land use.
10	Section 164- R5 Subzones	Endnote Number 31 refers to Endnote Number 16, where it should in fact refer to subsection 163(16). Correct typographical error.	Amend Section 164, Endnote Number 31 to refer to subsection 163(16) and not Endnote Number 16
11	Leitrim Road/ Albion Road/ Fenton Road and Southclark Place area	The zoning of this area is shown as IL2[1507] H(14). However, the reference to Exception [1507] is a typographical error ([1507] is reserved for future use).	Rezone the subject lands from IL2[1507] H(14) to IL2 H(14).
12	5707 and 5717 Hazeldean Road	The lands are zoned AM7[1444] and AM7[1445] The previous Goulbourn zoning was CLR1-2 which exempted a car wash, automobile service station and a gas bar from the requirement for a minimum building frontage along Hazeldean Road and a maximum setback for buildings from Hazeldean. This was not reflected in exceptions [1444] and [1445], so the exception should be revised to include these provisions.	-Amend Section 239, Exception [1444] to add automobile service station and gas bar as additional land uses permitted. -Amend Section 239, Exception [1445] to add gas bar and to delete car wash as additional land uses permitted. -Amend Section 239, Exceptions [1444] and [1445] to add the following provision to Column V, Provisions: Sections 186(7)(d),(e) and (f) do not apply to a car wash, automobile service station or gas bar
13	8465 North Service Road	During the rezoning of these lands in 2006, the exact boundary between the residential zone and the open space zone was not precisely identified by the location map accompanying the zoning amendment. The boundary which is formed by the 15-metre setback from the top of the bank of the adjoining watercourse, and which is identified in the plan of subdivision plan for the lands, should be correctly reflected in the zoning by-law. Some lands which are zoned R5A[1409] should be zoned O1, and some O1 lands should be zoned R5A[1409].	Modify the zoning along the easterly boundary of the property as shown on the attached location map.
14	Subsections 132 (1) and (2)	The former zoning by-laws that contained this type of provision, including Ottawa ZBL 93-98 permitted up to three rooming units (or roomers and boarders) per whole dwelling.  However, with the addition of the phrase, "within a principal dwelling unit" means that both units within a semi-detached or duplex may have three rooming units each, for a total of 6 rooming units - and that equates to the definition of a "rooming house, converted", or to a "rooming house" as the latter definition refers to residential use buildings containing four or more rooming units. The addition of the phrase was to assist in ensuring against the creation of a rooming unit within a secondary dwelling unit.  However, subsection 132 (3) specifies that the use is not permitted within the secondary dwelling unit.  Therefore, the phrase in 132 (1) and (2) is not needed.	Amend subsections 132 (1) and (2) to delete the phrase "within a principal dwelling unit" where the phrase appears in both 132 (1) and (2)

LIST OF ANOMALIES AND MODIFICATIONS TO ZONING

BY-LAW 2008-250 FOR CONSIDERATION BY AGRICULTURE

AND RURAL AFFAIRS COMMITTEE DOCUMENT 2

Item No.	Reference	Objective of Amendment	Proposed Amendment
1	80 Arbourbrook Blvd. (2809 Carp Road)	The zoning of this area was amended to implement the Carp Road Corridor Community Design Study in the new zoning by-law. However, an amendment to permit a warehouse on this site that was approved shortly after the Study was completed, was overlooked (By-law 2004-430). This amendment should be carried forward to Zoning By-law 2008-250.	Create and apply to these RC9- Rural Commercial zoned lands an exception that allows a “warehouse” as an additional permitted land use
2	3145 Wilhaven Drive	The lands currently shown as RR[515r] should be zoned RR1[515r] to reflect the ER zoning under the former Cumberland Zoning By-law. All of the surrounding residential lands are also zoned RR1.	Rezone 3145 Wilhaven Drive from RR[515r] to RR1[515r]
3	Blackberry Way	Lots on Blackberry Way are currently zoned RR2-Rural Residential, which has a minimum lot width requirement of 50 metres and a minimum lot area requirement of 8000 m2. There are four lots with widths of between 40 and 50 metres and two other lots that are slightly under 8000m2 that have become non-conforming (all were conforming under the previous West Carleton RCL-49 zoning.) It is recommended that an exception be created and applied to these lots to recognize the non-conforming lot widths and lot areas.	Create and apply an exception to the RR2 Zone on Blackberry Way that states as follows: -for 100, 114, 214 and 228 Blackberry Way, a minimum lot width of 40 metres is required -for 101 and 115 Blackberry Way, a minimum lot area of 7900 square metres is required

SITE-SPECIFIC LANDS AFFECTED MAPS DOCUMENT 3

Location Maps (attached)

Parts 6 and 9 on 4R-15875 (former City right-of-way abutting 4100 Strandherd Drive)

Corner of Bradwell Way and Findlay Creek Drive (Dragonfly Park)

255 Didsbury Road

Leitrim Road/ Albion Road/ Fenton Road and Southclark Place area

80 Arbourbrook Blvd. (2809 Carp Road)

3145 Wilhaven Drive

Blackberry Way

8465 North Service Road