4. DRAFT ZONING
BY-LAW - INTERIM REPORT ON COMMENTS RECEIVED DURING THE PUBLIC CONSULTATION
PROCESS IN THE RURAL AREA
RÈGLEMENT DE ZONAGE PRÉLIMAIRE - RAPPORT
D'ÉTAPE SUR LES COMMENTAIRES REÇUS DURANT LE PROCESSUS DE CONSULTATION
PUBLIQUE DANS LE SECTEUR RURALE
|
That Council receive this report for information purposes.
Recommandation du comitÉ
Que le Conseil municipal prenne connaissance du présent rapport.
1.
A/Deputy
City Manager, Planning and Growth
Management report dated 29 September 2006 (ACS2006-PGM-POL-0073).
Report
to/Rapport au :
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des
questions rurales
and Council / et au Conseil
29 September 2006 / le 29 septembre 2006
Submitted by/Soumis par : John L. Moser,
Acting Deputy City
Manager/Directeur municipal adjoint par intérim,
Planning and Growth Management/Urbanisme et Gestion de la croissance
Contact
Person/Personne ressource : Richard Kilstrom,
Manager of Community Planning and Design
Division
Planning, Environment and Infrastructure
Policy/
Politiques d’urbanisme, d’environnement et
d’infrastructure
(613) 580-2424 x22653, richard.kilstrom@ottawa.ca
REPORT RECOMMENDATION
That the Agriculture and Rural Affairs Committee recommend Council receive this report for information purposes.
RECOMMANDATION DU
RAPPORT
Que le Comité de l’agriculture et des questions
rurales recommande au Conseil municipal de prendre connaissance du présent
rapport.
BACKGROUND
Subsequent
to approval of the public consultation and project timelines by City Council on
May 10, 2006, the draft Comprehensive Zoning By-law was released for
public consultation as of May 26, 2006 and a series of rural area public open
houses were scheduled for June and September 2006.
The
June rural open houses took place at the Navan Memorial Centre, Alfred Taylor
Recreation Centre and the Greely Community Centre on June 5, 6 and 7
respectively. The open houses were advertised in the Citizen and Le Droit, on
the City's web site and in a number of local newspapers including Ottawa South
This Week, Rideau Packet, Weekly Journal and L'Express. As well, a letter
listing the scheduled urban and rural open houses was sent to 221 community
groups, including all community associations, condominium corporations and
places of worship that are registered with the City, and to 53 public bodies
and external technical agencies. The
Fall rural open houses were scheduled for the Manotick Arena and Community
Centre, Kinburn Client Service Centre, Walter Baker Sports Centre and Goulbourn
Municipal Offices for the dates of September 21, 26, 28 and October 19
respectively. In addition, there have
been follow up meetings with the Rural Issues Advisory Committee and Business Advisory Committee. A public consultation intiative is planned
for the agricultural community in late Fall.
Direction was given to provide two interim reports on comments received. This would consist of the report on comments received at the June open houses, which was submitted to the July 11 Agricultural and Rural Affairs Committee meeting, and this present report of subsequent comments received.
DISCUSSION
The bulk of the comments received via e-mail, telephone or in writing dealt with questions related to site specific properties. Most often landowners or their agents are requesting clarification that new land use terms or the details of definitions accommodate the existing land uses as permitted under current exception zones. A few mapping clarifications have also been received relating to the extent of a zone or the proposed deletion of it. It should be noted that no comments have been received to date from Chambers of Commerce or any of the rural community associations. The public and public bodies have until December 1, 2006 to provide comments in order for staff to consider revisions to the draft Comprehensive Zoning By-law. It is anticipated that a revised document will be released in advance of the public hearings on the by-law in late Winter or early Spring of 2007.
A resume of the general comments received during the summer and in September on the draft Comprehensive Zoning By-law - Rural Extract, is as follows:
1. Public wellhead protection overlay
Official Plan policy directs that “The zoning by-law will restrict land uses that have the potential to cause contamination of the groundwater resource in areas identified on Schedule K as Wellhead Protection Areas.” Comments included general agreement with the protection overlay concept, but not with respect to the list of prohibited uses. The excluded land use intensive livestock operation was felt to be in need of revision as to how it is defined. Other persons expressed an objection to the whole concept of any limitations on potential new land uses on the properties within these identified wellhead risk areas. An additional comment was that this overlay provision is premature and new provincial legislation should be left to address the matter and there should not be this interim measure proposed by the City. Staff are reconsidering the inclusion of this zoning provision given these legislative changes since the adoption of the Official Plan in 2003.
2. Heritage overlay
There is concern with the application of this overlay for the cases of several large farm properties where it applies to the whole of a property, which is how the heritage designation is registered on title. This would mean, based on the mapping overlay and text wording, that there would be problems in the issuance of a building permit for a new building or enlargement of an existing one, or issuance of a demolition permit for structure(s) on the land, even if they are not the actual heritage building. Staff are considering map and text revisions to eliminate this issue.
3. Setback from waterways
It is felt that there is unclear and likely troublesome language in this provision with its reference to an undefined and unknown marker called the normal high water mark. This minimum setback provision can have severe consequences for landowners either allowing or not allowing the development/redevelopment of properties that are adjacent to a waterway. This issue will be reviewed with the Conservation Authorities.
4. Heavy or large vehicles parking in residential zones
It is not so much the heavy commercial vehicle or school bus aspects of this provision but rather the recreational vehicle (campers/trailers, boats) parking reference that is considered too restrictive. In a number of the existing Zoning By-laws, provisions are already in place, whether enforced or not, for such parking restrictions. The expressed objection may be towards existing by-law provisions being repeated in the new draft Comprehensive Zoning By-law as opposed to objection to something wholly new being introduced into the draft by-law. An additional comment received was that for waterfront lots the way lot frontage is defined would cause problems for the storage of such vehicles. It was also mentioned that it may be warranted to address the issue of the practise, likely not in compliance with existing or draft zoning, of storage of such recreational vehicles in former barns in certain villages.
CONSULTATION
This is an information report that deals with consultation on the draft Comprehensive Zoning By-law - Rural Extract.
FINANCIAL
IMPLICATIONS
DISPOSITION
That the Planning and Growth Management Department forward a copy of this report to the Rural Issues Advisory Committee