Report to/Rapport au :
Planning
Committee
Comité de
l'urbanisme
and / et
Agriculture
and Rural Affairs Committee
Comité de
l'agriculture et des affaires rurales
and Council /
et au Conseil
26 April 2012/ le 26 avril 2012
Submitted
by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice
municipale adjointe, Planning and Infrastructure/Urbanisme
et Infrastructure
Contact Person/Personne-ressource : Richard Kilstrom,
Manager/Gestionnaire, Policy Development and Urban Design/Élaboration de la
politique et conception urbaine, Planning and Growth Management/Urbanisme et
Gestion de la croissance Élaboration de la politique et conception urbaine
(613) 580-2424 x22653,
Richard.Kilstrom@ottawa.ca
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Ref N°: ACS2012-PAI-PGM-0110
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SUBJECT:
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ZONING BY-LAW 2008-250: ANOMALIES
AND MINOR CORRECTIONS - SECOND REPORT 2012
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OBJET :
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Règlement de zonage 2008-250 : anomalies et corrections mineures
– premier trimestre de 2012
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REPORT
RECOMMENDATIONS
1.
That Planning
Committee recommend that Council approve the amendments recommended in Column
III of Documents 1 and 3 to correct anomalies in Zoning By-law 2008-250; and
2.
That
Agricultural and Rural Affairs Committee recommend that Council approve the
amendments recommended in Column III of Documents 2 and 3 to correct anomalies
in Zoning By-law 2008-250.
RECOMMANDATIONS DU RAPPORT
1.
Que le Comité de l’urbanisme recommande au Conseil
d’approuver les modifications préconisées dans la Colonne III des documents 1
et 3 afin de corriger des anomalies dans le Règlement de zonage 2008-250; et
2.
Que le Comité de l’agriculture et des affaires rurales
recommande au Conseil d’approuver les modifications préconisées dans la Colonne
III des documents 2 et 3 afin de corriger des anomalies dans le Règlement de
zonage 2008-250.
BACKGROUND
On June 25, 2008 City Council adopted Zoning
By-law 2008‑250 affecting all properties within the city. The new Zoning
By-law replaces the 36 Zoning By-laws of the former municipalities. Staff have been monitoring the Zoning By‑law
and identifying anomalies since its adoption.
Reports to correct these anomalies are being forwarded to Committee and
Council for approval on a regular basis.
DISCUSSION
This report recommends amendments to
correct a number of anomalies in the urban and rural areas of the city. Document 1 provides recommendations for
Planning Committee regarding anomalies in the urban area. Document 2 provides recommendations for Agriculture
and Rural Affairs Committee regarding anomalies in the rural area. Document 3 provides recommendations for the
consideration of both Committees regarding anomalies affecting both the rural
and urban areas. Zoning maps that are
pertinent to site- or area-specific recommendations are included in Document 4.
The recommended amendments are
intended to correct mapping errors, typographical errors and minor technical
drafting errors in the Zoning By-law.
RURAL IMPLICATIONS
The
rural implications are as outlined in Document 2.
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.
COMMENTS
BY THE WARD COUNCILLORS
The proposed amendments are administrative in nature and
affect all wards on a City‑wide basis.
LEGAL IMPLICATIONS
There are no legal implications associated with this report.
RISK MANAGEMENT IMPLICATIONS
There are no risk management
implications associated with this report.
FINANCIAL IMPLICATIONS
There are no direct financial
implications.
ACCESSIBILITY IMPACT
There
are no accessibility impacts associated with this report.
TECHNOLOGY IMPLICATIONS
There
are no direct technical implications associated with this report.
TERM OF COUNCIL PRIORITIES
SE2
– Improve Operational Performance
SUPPORTING DOCUMENTATION
Document
1 List of Anomalies and Modifications to
Zoning By-law 2008-250 for consideration by the Planning Committee.
Document
2 List of Anomalies and Modifications to
Zoning By-law 2008-250 for consideration by the Agriculture and Rural Affairs
Committee.
Document
3 List of Anomalies and Modifications to
Zoning By-law 2008-250 for the consideration of both the Planning and Agricultural
and Rural Affairs Committees.
Document
4 Location Maps.
DISPOSITION
Planning and Growth Management
Department will prepare the implementing by-law. This will be forwarded to Legal Services who
will then bring the by-law to City Council.
LIST OF ANOMALIES AND MODIFICATIONS DOCUMENT
1
TO ZONING BY-LAW 2008-250 FOR CONSIDERATION
BY THE PLANNING COMMITTEE
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Item
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Objective of Amendment
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Proposed Amendment
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Zoning Map and Text
Corrections
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1. 200 Somerset
Street East
Schedule
232
Ward 12
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This property is subject to Schedule 232 of the Zoning
By-law, which illustrates maximum permitted building height and yard setbacks
for King Edward precinct lands.
Schedule 232 came into effect in 2010 but a recent survey
of the subject property contradicts some of the dimensions shown on the
schedule. The areas of discrepancy are
internal to the proposed development; all yard setbacks remain the same.
It is recommended that Schedule 232 be revised to reflect
the accurate dimensions of the recent survey.
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Amend
Schedule 232 of By-law 2008-250, as shown on the revised schedule in Document
4.
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2. 415 Piccadilly Avenue
Ward 15
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This property is a church, zoned I1A[1465].
Exception [1465] lists a minimum parking requirement of 3.7
parking spaces per 10m2 of gross floor area, which is an exceptionally
high parking requirement that had been implemented through By-law 2007-494. However, the intended parking rate was in
fact 3.7 parking spaces per 100m2.
It is recommended that this technical error be amended to
reflect the intended parking rate.
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Amend
Section 239 of By-law 2008-250, Exception [1465].
Under
Column V – Provisions, amend the minimum required parking rate of 3.7 spaces
per 10m2 of gross floor area so that it now reads:
-
the parking required for a place of worship is 3.7 spaces per 100m2
of gross floor area
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3. Section 190
Urban Area
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The former Cumberland Zoning By-law contained the CCN zone
– Commercial Convenience Neighbourhood, which was carried forward in By-law
2008-250 as the LC5 – Local Commercial subzone. At the time of the 2008 By-law
consolidation it was intended that only those uses previously permitted under
the former municipalities’ zoning would be carried forward to the LC zones.
However, ‘restaurant’, which was previously permitted in
the CCN zone, was not carried forward as it should have been. It is therefore recommended that ‘restaurant,
full service’ be added as a permitted use in the LC5 subzone.
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Amend
Subsection 190(5)(a) of By-law 2008-250 by adding “restaurant, full service”
to the list of permitted uses.
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4. 1002 Karen Way
Ward 13
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This property was subject to a Zoning By-law Amendment which
was approved by the Ontario Municipal Board in January 2008. The Board order was correctly implemented
in the former Ottawa Zoning By-law, however it was not correctly carried over
to Exception [1473] of By-law 2008-250, which erroneously omitted the
prohibited uses – “all other uses except for an 8-unit planned townhouse
development and a 10-storey apartment building.”
It is recommended that this wording be re-inserted into
Exception [1473].
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Amend
Section 239 of By-law 2008-250, Exception [1473].
Under
Column IV – Land Uses Prohibited, add the following:
-all other uses except for an 8-unit planned townhouse
development and a 10-storey apartment building.
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5. 1442 Baseline Avenue
Ward 8
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This property is zoned Residential First Density –
R1FF[632].
The property was zoned Commercial Automotive – CA3(CN) in
the former Nepean Zoning By-law, and there is currently an automobile service
station on site. Furthermore, the
property is designated as Arterial Mainstreet in the Official Plan. It is therefore recommended that the
property be rezoned Arterial Mainstreet – AM in order reflect the commercial
use of the property and to bring the zoning into conformity with the Official
Plan.
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Amend the Zoning Map for By-law 2008-250 for
the property shown in Document 4.
Delete
the zone code R1FF[632] and replace with AM[632].
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6. 450, 500 and 550 Terminal Avenue
55, 100, 150 and 165 Trainyards Drive
515, 641, 651 and 663 Industrial Avenue
820 and 848 Belfast Road
Ward 18
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By-law 2011-433, passed in December 2011, was intended to
remove the limit on Gross Floor Area and reduce the required parking rate on
the subject lands. However, the By-law
did not completely implement the intended zoning in Exception [1387]; it is
therefore recommended that the exception be amended to implement the zoning
as intended in the Council-approved report.
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Amend
Section 239 of By-law 2008-250, Exception [1387].
Under
Column V – Provisions, delete the following:
-the maximum gross leasable area is 40,000 m2
-for a retail commercial use having a gross leasable area
of more than 16,000 m2, parking must be provided at a rate of at
least 4.61 parking spaces for every 100 m2 of gross leasable area
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LIST
OF ANOMALIES AND MODIFICATIONS DOCUMENT 2
TO
ZONING BY-LAW 2008-250 FOR THE CONSIDERATION
OF
THE AGRICULTURAL AND RURAL AFFAIRS COMMITTEE
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Item
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Objective of Amendment
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Proposed Amendment
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Zoning Map and Text Corrections
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1. 8930 and 8944 Flewellyn Road
Ward 21
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An error occurred in the Heritage Overlay mapping for 8930
and 8944 Flewellyn Road, as the overlay was applied in error to 8930
Flewellyn, which is a park, when it should have been applied to 8944
Flewellyn, a church designated under the Ontario Heritage Act.
Therefore it is recommended that the properties be rezoned so
that the Heritage Overlay is applied to the correct property.
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Amend
the Zoning Map of By-law 2008-250.
Rezone
the properties as shown in Document 4 by deleting the Heritage Overlay from 8930
Flewellyn Road and adding the Heritage Overlay to 8944 Flewellyn Road.
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2. Parts of 2013 Old Carp Road
Ward 5
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This
property is zoned both Rural Institutional - RI5[18r] and Rural Countryside –
RU.
The
site is currently a school. The
previous I-2 – Institutional zoning in the former West Carleton Zoning By-law
permitted the school and additional uses, one of which was an auditorium.
The
auditorium land use was not carried over to By-law 2008-250; therefore it is
recommended that By-law 2008-250 be amended to permit an auditorium,
accessory to the school, by amending the appropriate development standards
with a new Exception [xxxr].
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Amend
the Zoning Map for By-law 2008-250 for parts of 2013 Old Carp Road.
Rezone
the portion of the property zoned RI5[18r] from R15[18r] to RI5[xxxr], as
shown in Document 4.
Amend
Section 240 of By-law 2008-250. Add
Exception [xxxr] to apply to that portion of 2013 Old Carp Road zoned
RI5[xxxr].
Add
under Column II – Applicable Zone:
-RI5[xxxr]
Under
Column V – Provisions add:
-minimum
lot width of 30 m
-the
lots zoned RI5[xxxr] are considered one lot for zoning purposes.
-Section
59(1)(b) shall not apply to the lots zoned RI5[xxxr].
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3. Riverwood Village Subdivision
Ward 21
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The
current Flood Plain Hazard Overlay zoning on these lands is based on the
flood plain mapping of the Rideau River prepared for the Rideau Valley
Conservation Authority (RVCA) in 2001.
Two permits (RV6-43/06 and RV6-18/08) were issued by the RVCA in 2006
and 2008 for approval to undertake a balanced cut and fill to revise the
floodplain boundary on the subject lands. The grading works were completed in
2008 and the combined ‘as-built’ elevation surveys for the subject lands
comply with the approved RVCA permits and with the grading plans as approved
in the registered plan of subdivision.
On
April 2, 2012 the RVCA revised its floodplain boundary mapping to reflect the
completed grading on the subject lands.
It is recommended that the City’s Zoning Map be amended accordingly.
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Amend
the Zoning Map of By-law 2008-250 to show the new boundaries of the Flood
Plain Hazard Overlay for the map shown in Document 4.
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