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

April 6, 2009 / le 6 avril 2009

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

Infrastructure Services and Community Sustainability/Services d'infrastructure et Viabilité des collectivités

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

City Wide/à l'échelle de la Ville

Ref N°: ACS2009-ICS-PLA-0066

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

Anomalies

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 has 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

Anomalies

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.

LEGAL/RISK MANAGEMENT IMPLICATIONS

The changes addressed this report are items of a routine nature. There are no Legal/Risk Management implications.

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

Planning and Growth Management 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	Part of 90 Woodridge Crescent Ward 7	The former Nepean Zoning By-law permitted a height of 33.6 metres for an apartment dwelling. The height suffix should be revised from H(18) to H(34) to reflect that height limit.	Change the zoning map as shown on Document 3 and amend Column 2 of Exception 1160 to read R5A [1160] H(34) and amend Column 2 of Exception 1164 to read R5A [1164] H(34).
2	4100 Innes Road and 2025 Mer Bleue Road Ward 19	The former site specific MS2-X2 zone for these lands permitted a “fitness club establishment” but not a “recreational establishment”. When this zone was brought forward into the IG [1608] H(21)-h zone, the new use “recreational and athletic facility” was not included, which use is intended to include fitness clubs.	Add the following use to Column IV in exception 1608 – ‘-recreational and athletic facility limited to a fitness club”
3	Section 239, Exception [455]	A few words are missing in the text and should be added to ensure clarity of intent.	Amend Column V, last provision, to read as follows: - maximum building height when located more than 30 m. from a residential use is 22 m.
4	Section 239, Exception [474]	The last exception provision should state "Section 188, subsection 14(b) does not apply" to correct a typographical error which occurred in the amending By-law 2009-18. An additional provision should also be added to reflect the former "C-4" zoning from the former Township of Goulbourn Zoning By-law 40-99: "-minimum front yard setback: 0 metres"	Amend Column V-Provisions to: 1. Revise the wording of the last provision in Column V to state "Section 188, clause 14(b) does not apply." 2. Add an additional provision to Column V, which states "-minimum front yard setback: 0 metres"
5	Section 94(1)- Car Sharing Services	The term “commercial zones” appears in this section, but is not defined. As not all “commercial zones” include the word “commercial” in the zone name, it should be clarified that the term is intended to include the AM, GM, LC, MC, MD and TM Zones.	Amend Section 94(1) to add the phrase: “For the purposes of this Section, commercial zone means the AM, GM, LC, MC, MD and TM Zones.”
6	Lands located at Fallowfield Road and Strandherd Drive Ward 3	The wording of Exception [1219] applicable to these lands does not adequately implement the Official Plan secondary planning policies for the South Nepean Urban Area. Policy 2.2.5.1 states that, in Prestige Business Parks, “accessory and co-located retail service and entertainment facilities” may be developed in association with the standard permitted uses. This was intended to mean that that retail services and entertainment facilities should be permitted only within a larger complex containing research and development centres, technology industries, light industrial uses, offices, banks, instructional facilities, hotels and places of assembly. Stand-alone retail services and entertainment facilities were not intended to be permitted. Exception [1219] should be amended to clarify this intent.	Amend Exception [1219] to add the following additional provision to Column V: “-restaurant, full service, restaurant, take out, personal service business and recreational and athletic facility are permitted only within a larger complex containing a research and development centre, technology industry, light industrial use, office, bank, instructional facility, hotel or places of assembly”
7	Schedule 11 Wards 12 and 14	The hatched area in Schedule 11, regarding Central Area Height Schedules, needs to be enlarged so that it includes all of the schedules mentioned in Section 64, Permitted projections above the height limit. According to Section 64, Schedule 11 should include all of the properties shown in Schedules 12 to 89. Some of the properties shown in Schedules 12 to 89 are not shown in Schedule 11.	Replace Schedule 11, with a new Schedule 11, as shown in Document 3, to include all of the properties shown in Schedules 12 to 89.
8	Section 3(7)(b)(ii)	The wording of this section unintentionally permits additions above the first floor of a building that is non-complying for yards.	In subclause 3(7)(b)(ii) substitute the words “building envelope” for the word “footprint”
9	1992 and 2000 Tenth Line Road and 4419 Innes Road Ward 19	The 3,450 square metre minimum lot area specified in Exception [1428] does not reflect the actual size of the lot to which the zoning is applied. A legal survey has been undertaken by the property owner to determine the exact lot size, and this number should be reflected in the exception	Amend Exception [1428], Column V, to revise the minimum lot area to state “3504 square metres” instead of “3450 square metres”.
10	Section 55- Provisions for Accessory Uses, Buildings or structures	Table 55 (1) indicates generally in which yards accessory uses, buildings or structures are permitted and then (2) to (4) deals with setbacks for accessory structures from various lot lines, making provision (1) redundant and unclear. In order to clarify the requirements, staff recommend removal of the first clause, in Row (1) under Column I- Zoning Mechanism and apply the more specific distances from each lot line depending on type of accessory use, building or structure.	Amend Table 55 to delete Row (1) Permitted Location, and to renumber subsequent rows
11	Section 55(2)	Enforcement staff from the Emergency and Protective Services Branch has requested a revision to the wording of this section to allow for the application of set fines for illegal temporary car shelters. In order to do this, the provision must be revised to include the words “No person shall…use…”	Amend Section 55(2) to state as follows: Except in the case of the MD zone, no person shall, where an accessory use is in a different building than the principal use to which it is accessory, use that accessory building: (a) for human habitation; and (b) in non-compliance with the provisions set out in Table 55.
12	25-33 Springfield Road Ward 13	The affected properties were rezoned in 2005 to an R3 subzone with an exception to permit stacked townhouses as well as to deal with site-specific development standards. This permission was not carried forward into the new zoning by-law, but should have been. The lands should be rezoned to an R4 subzone as it is the highest density residential zones that permit a stacked dwelling; a use that is a much higher density than any other use in the R3 zone. The R4I subzone reflects many of the R3P development standards and is the most appropriate zoning for these lands. An R4I zone is subject to a maximum density, and in this instance, a maximum of eight stacked dwellings (4 pairs) would apply to these lands. This is considered appropriate given that the initial zoning was an R3 that reflects moderate density.	Rezone the affected lands as shown on Document 3 to R4I and retain the exception number [621] Amend Exception [621] to delete “stacked dwelling” from Column III as the use is now permitted under the R4I; and add “apartment dwelling, low-rise to Column IV Land Uses Prohibited. In addition, replace the zoning reference in Column I from R3P[621] to R4I[621]
13	453 Bank Street and 343 McLeod Street Ward 14	Columns II and V of Exception [1632] incorrectly reference Schedule 237. A new Schedule 243 (attached) must be created and the references to Schedule 237 should be changed to Schedule 243 to correct an anomaly in amending By-law No. 2008-255.	1. Rezone the subject land, shown in Document 3, from TM[1632]S237 to TM[1632]S243 2. Amend Section 239, Exception [1632] to change the schedule references in Columns II and V from Schedule 237 to Schedule 2432. 3. Schedule 243 as shown in Document 3 be added to Part 17
14	Mer Bleue Road south of Innes Road Ward 2	The holding symbol provision from the former Gloucester Zoning By-law was carried forward in this exception, but conditions for the lifting of the holding symbol were not included. These should be added.	1. Amend Exception [1532], Column V, to add the following provisions: “- the h symbol will not be removed until such time as: (i) it can be demonstrated that lands can be serviced for all municipal services, including roads, water and sanitary and storm sewers, and (ii) a Community Design Plan for the Mixed Use Centre is approved.” 2. Amend Exception [1532], Column II, to refer to the IL2[1532](H14)-h zone
15	Exception [715]	Incorrect reference to R3Z[705] in Column V; should instead refer to R3Y[705]	Amend Exception [715], Column V to refer to R3Y[705] instead of R3Z[705]
16	Scott, Holland, Hamilton and Spencer Ward 15	The zoning map incorrectly identifies the Schedules applying to these lands as Schedules 26 and 27. These numbers were the schedule numbers under the former Ottawa Zoning By-law. The correct new schedule numbers are 99 and 100.	Rezone the properties as shown in Document 3 from MC12[22]F(3.0)S 26, 27 to MC12[22]F(3.0)S 99, 100.
17	Lots abutting portions of Acacia Avenue, Buena Vista Road, Coltrin Road, Manor Avenue, Park Road and Mariposa Avenue Ward 13	A provision from the former Rockcliffe Park Zoning By-law requiring minimum setbacks for yards on that part of any lot abutting portions of Acacia Avenue, Buena Vista Road, Coltrin Road, Manor Avenue, Park Road and Mariposa Avenue was not carried forward in the Comprehensive Zoning By-law.	-In Table 156A a new superscript “^16” be added to the numbers in Columns V,VI and VII of rows A,B and BB. -In Table 156B a new endnote be added as follows: 16. Despite the yards required by this By-law, a minimum yard of 7.5 metres in depth shall be provided on the portion of any lot that abuts the following streets: i. Acacia Avenue – north of Mariposa Avenue to the Rockcliffe Parkway; ii. Buena Vista Road – from Lisgar Road to Cloverdale Road; iii. Coltrin Road – from Minto Place to Acacia Avenue; iv. Manor Avenue – from Marisposa Avenue to Coltrin Road; v. Park Road – from Springfield Road to Manor Avenue; vi. Mariposa Avenue – from Acacia Avenue to Minto Place.
18	Burgundy Lane Ward 1	The area in question contains a combination of detached and semi-detached dwellings. However, the R1W zoning does not recognize the semi-detached dwellings. The area was intended to be zoned R2N to reflect the existing uses and the former Gloucester Rd1 zoning, but was unintentionally placed in an R1W Zone.	Rezone the subject lands, as shown in Document 3, from R1W to R2N
19	216 Murray and Endnote 17 Table 164B Ward 12	One of the recommendations in the Planning report dealing with the Ward 12 interim control by-law, also noted in a Council motion of June 25, 2008 was to remove the general permission for community health and resource centers in the area bounded by Dalhousie, St. Patrick, George Street and King Edward Avenue, and to place site-specific zoning on those properties that are being used for the use, including 216 Murray Street. To remove the general permission, Endnote 17 of Table 162B (R4) should have been amended to delete the second clause (ii). Table 164B (R5) Endnote 11 (b) was amended but Table 162B, containing the same regulation, was not included in By-law 2008-341 that implemented the recommendations of the study. Although a community health and resource centre is currently permitted in the R4T zone affecting 216 Murray because it falls under the general permission, staff recommend that the Council-approved strategy to recognize only existing uses and remove the general permission due to the large number of like uses in a small geographical area.	Table 162 B Endnote 17, delete clause (ii), amend the comma to a period, and delete the word “and” at the end of (i). Rezone 216 Murray on the zoning map to have the lands included in the site-specific Exception [1667] that is used on other lands in the study area, and that permits a site-specific community health and resource centre.

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	Section 55, Accessory Buildings (accessory to residential use in AG, EP, ME, MR, RC, RG, RH, RI, RR and RU Zones)	The new zoning by-law limits the aggregate floor area of all non-residential accessory buildings in agricultural and rural zones to 150m^2 in gross floor area. This has been identified as a concern as several minor variance and zoning by-law amendment requests have been received to increase the permitted size of accessory buildings/structures. The original intent was that the aggregate floor area of all accessory buildings should not exceed a typical dwelling size. However, as the types of accessory buildings commonly found in rural areas include garages for recreational vehicles, coveralls for storage (antique tractors, saw mill equipment and fire wood), sheds and detached garages, floor areas of up to 370 m^2 are often encountered. On a standard 0.8 hectare lot, this would amount to approximately 5% of the lot area. It is therefore recommended that the maximum permitted aggregate size of accessory buildings be increased from 150m^2 to 5% of the total area of the lot or 150m^2 whichever is the greater. In this way, the amount of allowable accessory building floor area would increase as the size of the lot increases.	Section 55, Table 55- Provisions for Accessory Uses, Buildings or Structures be amended as follows: Column III, Row 8(a) and (b) be deleted and replaced with: (a) in an EP zone, if accessory to residential use, aggregate of all accessory buildings not to exceed 55 m^2 or if accessory to other uses, aggregate of all accessory buildings not to exceed 150 m^2 (b) in all other column III zones, aggregate of all accessory buildings not to exceed 5% of the total lot area or 150 m^2 whichever is the greater
2	Section 55	In the maximum height of accessory buildings, the reference should be to the AG zone and not the A Zone	Amend Table 55, Row 7, Column III to refer to the AG Zone and not the A Zone
3	Section 126 – Heavy Vehicles Associated with a Residential Use Section 127 Home-based Businesses	Concern has arisen with respect to the permission to park heavy vehicles without any limitation, provided they are less than 6 m in length and are not tractor-trailers, in residential zones, and in particular in village residential zones. This is particularly significant in terms of home-based businesses, because part of the definition of heavy vehicle includes “all other types of construction equipment”. The concern is that the operator of a home-based business could have unlimited permission to permit the parking of heavy vehicles and construction equipment (Kabotas, dump trailers, etc.), in addition to the unlimited number of regular motor vehicles some of which may advertise the business, provided such motor vehicles are in compliance with all of the parking regulations. Permitting a number of heavy vehicles, or various pieces of construction equipment parked on-site, may cause concern when located in an interior side yard or rear yard. It was not intended to permit the potential for several of these types of construction equipment less than 6m in length on small village or other residential lots. Staff recommends limiting the number of heavy vehicles, as well as establishing a cap on the total number of heavy vehicles or school buses permitted per lot.	Amend Section 126 (1) (c) to add the phrase “or with one or more home-based businesses” immediately following the words “residential use,” and immediately preceding “…in a residential zone,…” Amend Section 126 (2) to add the phrase “or with one or more home-based businesses,” immediately following the words “residential use” and immediately preceding the words “is permitted…” and to add commas between I and the word “the”, and between the words “vehicle” and “including”, and between the words “boat” and “associated” Amend Table 126 – Maximum Number of Vehicles permitted to be Parked, to add a new iii (and re-letter the existing “iii. School bus” to “iv. school bus”), immediately following “ii.”, as follows: Row 3, Column I “iii. If 6m or less in length and is a heavy vehicle that is not a tractor-trailer:” Row 3, Column II and III: “two, including those used for a home-based business, but no person shall park the heavy vehicle in a required front or corner side yard, and where parking in an interior side yard, or rear yard, must be at least 0.6m from the interior side lot line or rear lot line.” Row 3, Column IV: “two, including those associated with a home-based business, but no person shall park the heavy vehicle in a required front or corner side yard, and where parking in an interior side yard, or rear yard, must be a minimum of 3 metres from the interior lot line or rear yard lot line.” Create a new Row 5, Column I and add; “Cumulative number of heavy vehicles permitted per lot” Create a new Row 5, Column II and III: “no person shall park more than two heavy vehicles or school busses on the lot, and the required parking for the dwelling or farm must continue to be legally provided on the lot.” Create a new Row 5, Column IV: “no person shall park more than three heavy vehicles or school busses on the lot, and the required parking for the dwelling or farm must continue to be legally provided on the lot.” Amend Section 127 to create a new subsection (16) to state that “Section 126 sets out the regulations applicable to the parking of heavy vehicles.”, so as to be consistent with the same wording applicable to rural home-based businesses (Subsection 128 (16))
4	McGee Pit Part of 1200 Diamondview Road Karson Holdings Inc. In Trust Ward 5	The area shown on the zoning map as ME2 does not correspond with all of the area of land that is licensed for mineral extraction.	Amend the zoning map to rezone the subject land from RU to ME2 as shown in Document 3
5	5436-5450 Cuddy Lane Ward 20	The existing concrete manufacturing plant on this site is not recognized in the RG-Rural General Industrial zoning and has become legally non-conforming although it was a conforming use under the previous GM-General Industrial zone of the former Osgoode Township zoning by-law. An exception should be placed on the lands to reflect this use.	Amend the zoning map to rezone the property from RG to RG[xxxr] as shown in Document 3. Add a new exception to Section 240 to permit “a heavy industrial use limited to a concrete manufacturing plant” as an additional permitted land use
6	Part of 3940 Dunning Ward 19	A small portion of this property was zoned R1, a residential zone permitting detached dwellings, in the former Rural Cumberland Zoning By-law and the balance of the property was zoned AGR, an agricultural zone. At the time of adoption of the Comprehensive Zoning By-law, a severance application had been approved by the Committee of Adjustment to separate the R1 zoned lands from the AGR zoned lands. However, the new Zoning By-law zoning boundary between the corresponding RR8, residential zone, and the AG3, agricultural zone, followed the original property line and did not reflect the severance line.	Amend the zoning map to rezone the property from AG3 to RR8 as shown in Document 3
7	4420, 4484 and 4500 Hall Road Ward 19	The three lots are located within the Natural Environment Area designation of the Official Plan. However, all three are existing, privately-owned subdivided lots with frontage on a public street and in fact two of them already contain detached dwellings. The EP Zone now in place does not recognize the dwellings. These lots should have been placed in an EP3 Subzone to permit the detached dwellings, while still reflecting the policies of the Official Plan.	Rezone the lands from EP to EP3 as shown in Document 3
8	6154 Bank Street Ward 20	This property is occupied by a campground and it also has a mini put golf facility and other similar type amusement uses. Under the former Osgoode O2 zone, an amusement park was permitted, however the new RC5 zone did not carry over that particular use.	Rezone the lands from RC5 to RC5[xxx] as shown in Document 3. Add a new exception to Section 240 to permit “an amusement park” as an additional conditional permitted land use subject to the regulations of subsection 218(3).
9	895 March Road Ward 5	By-law 2005-391 added as a permitted use a “clinic, professional office”. This was not reflected in the exception created for this site.	Amend Section 240, exception [115r], to add the use “medical facility” in Column III.

SITE-SPECIFIC LANDS AFFECTED MAPS DOCUMENT 3

Location Maps (attached)

Part of 90 Woodridge Crescent

Schedule 11 – Central Area Height Schedules

25-33 Springfield Road

453 Bank Street and 343 McLeod Street

Schedule 243

Scott, Holland, Hamilton and Spencer

Burgundy Lane

216 Murray Street

McGee Pit- Part of 1200 Diamondview Road

5436-5450 Cuddy Lane

Part of 3940 Dunning Road

4420, 4484 and 4500 Hall Road

6154 Bank Street

895 March Road