|
3. ZONING
- GENERAL AMENDMENTS TO VARIOUS ZONING BY LAWS TO RESOLVE TECHNICAL ZONING
ANOMALIES ZONAGE - AMENDEMENTS GÉNÉRAUX À DIVERS RÈGLEMENTS DE ZONAGE AFIN DE CORRIGER CERTAINES ANOMALIES TECHNIQUES |
Committee recommendation
(This application
is subject to Bill 51)
That Council
approve:
1. An amendment to the former Township of Rideau Zoning By-law to change the zoning of 1202 Phelan Road East from A1 to A1-X to recognize the undersized area of the property, as shown in Document 1 and as detailed in Document 4
2. An amendment to the former Township of Goulbourn Zoning By-law to change the zoning of 7243 Highway 7 from OS to CH and to change the zoning of part of 7259 Highway 7 from CH to OS-3 (h) to recognize the correct location of the Pioneer Fuels property, as shown in Document 2 and as detailed in Document 4.
3. An amendment to the former Township of West Carleton Zoning By-law to change the zoning of 100, 104, 108 and 112 Hidden Lake Crescent from R1 to R2 to recognize as built conditions and insufficient setbacks, as shown in Document 3 and as detailed in Document 4.
4. An
amendment to Zoning By-laws of the former Townships of Rideau and West Carleton
to correct technical anomalies as shown in Documents 5 to 10 and detailed in
Document 4.
Recommandation du Comité
(Cette demande est assujettie au
projet de loi 51)
Que le Conseil approuve :
1. Un amendement au règlement de zonage de
l’ancien canton de Rideau. visant à modifier de A1 à A1 X le zonage du 1202,
chemin Phelan Est, afin de tenir compte de la taille insuffisante de la
propriété, comme l’illustre le document 1 et comme l’explique en détails le
document 4
2. Un amendement au règlement de zonage de
l’ancien canton de Goulbourn, visant à modifier de OS à CH le zonage du 7243, autoroute
7, et de modifier de CH à OS 3 (h) le zonage d’une partie du 7259, autoroute 7,
pour tenir compte de l’emplacement exact de la propriété de Pioneer Fuels,
comme l’illustre le document 2 et comme l’explique en détails le document 4.
3. Un
amendement au règlement de zonage de l’ancien canton de West Carleton, visant à
modifier de R1 à R2 le zonage des 100, 104, 108 et 112, croissant Hidden Lake,
afin de tenir compte de l’état de l’environnement bâti et de l’insuffisance de
la marge de reculement, comme l’illustre le document 3 et comme l’explique en
détails le document 4.
4. Un amendement au règlement de zonage
des anciens cantons de Rideau et de West Carleton, visant à modifier le zonage
pour corriger des anomalies techniques, comme l’illustrent les documents 5 à 10
et comme l’explique en détails le document 4.
Documentation
1.
Deputy
City Manager's report Planning,
Transit and the Environment dated
25 April 2007 (ACS2007-PTE-APR-0112).
2. Extract of Draft Minutes 8 -
Agriculture and Rural Affairs Committee meeting of 10 May 2007.
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
25 April 2007/ le 25 avril 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager /
Directrice municipale adjointe,
Planning, Transit and the Environment / Urbanisme,
Transport en commun et Environnement
Contact
Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
REPORT RECOMMENDATION
That the recommend Council approve:
1. An
amendment to the former Township of Rideau Zoning By-law to change the zoning
of 1202 Phelan Road East from A1 to A1-X to recognize the undersized area of
the property, as shown in Document 1 and as detailed in Document 4
2. An
amendment to the former Township of Goulbourn Zoning By-law to change the
zoning of 7243 Highway 7 from OS to CH and to change the zoning of part of
7259 Highway 7 from CH to OS-3 (h) to recognize the correct location of
the Pioneer Fuels property, as shown in Document 2 and as detailed in
Document 4.
3. An amendment to the former Township of West Carleton Zoning By-law to change the zoning of 100, 104, 108 and 112 Hidden Lake Crescent from R1 to R2 to recognize as built conditions and insufficient setbacks, as shown in Document 3 and as detailed in Document 4.
4. An amendment to Zoning By-laws of the former Townships of Rideau and West Carleton to correct technical anomalies as shown in Documents 5 to 10 and detailed in Document 4.
RECOMMANDATION DU RAPPORT
Que
le Comité de l’agriculture et des questions rurales recommande au Conseil
d’approuver :
1.
Un
amendement au règlement de zonage de l’ancien canton de Rideau. visant à
modifier de A1 à A1‑X le zonage du 1202, chemin Phelan Est, afin de
tenir compte de la taille insuffisante de la propriété, comme l’illustre le
document 1 et comme l’explique en détails le document 4
2.
Un
amendement au règlement de zonage de l’ancien canton de Goulbourn, visant à
modifier de OS à CH le zonage du 7243, autoroute 7, et de modifier de CH à
OS‑3 (h) le zonage d’une partie du 7259, autoroute 7, pour
tenir compte de l’emplacement exact de la propriété de Pioneer Fuels, comme
l’illustre le document 2 et comme l’explique en détails le
document 4.
3.
Un
amendement au règlement de zonage de l’ancien canton de West Carleton, visant à
modifier de R1 à R2 le zonage des 100, 104, 108 et 112, croissant Hidden
Lake, afin de tenir compte de l’état de l’environnement bâti et de
l’insuffisance de la marge de reculement, comme l’illustre le document 3
et comme l’explique en détails le document 4.
4.
Un
amendement au règlement de zonage des anciens cantons de Rideau et de West
Carleton, visant à modifier le zonage pour corriger des anomalies techniques,
comme l’illustrent les documents 5 à 10 et comme l’explique en
détails le document 4.
BACKGROUND
The purpose of the subject staff report is fourfold. The first recommendation relates to a property improperly zoned following a severance in 1998. The remnant parcel shown on Document 1 was required to be identified as a Restricted Rural Exception Zone (A1-X). The re-zoning of the remnant parcel was omitted from the zoning details upon rezoning the severed parcel. As such the remnant parcel located at 1202 Phelan Road East currently does not conform to the size requirement of the Restricted Rural Zone (A1).
The second recommendation relates to the Capital City Speedway and Pioneer Fuels property located on Highway 7 in the former Township of Goulbourn. The lands shown as 7243 Highway 7 on Document 2 attached to this report were originally zoned Highway Commercial CH. The lands shown as part of 7259 Highway 7 on Document 2 attached to this report were originally zoned Open Space OS. By-law No. 2005-291 mistakenly changed the zoning of 7243 Highway 7 from CH to Open Space OS and the zoning of part of 7259 Highway 7 from OS to CH.
The third recommendation relates to an error in the zoning of four properties located on Hidden Lake Crescent in the former Township of West Carleton. By-law No. 60 of 2000 rezoned the lands legally described as registered plan of subdivision 4M-1184 (Hidden Lake Estates) located in the Village of Carp to Residential Two Zone (R2). The schedule prepared as part of the By‑law did not include lots 1 to 4, 4M-1184, known municipally as 100, 104, 108 and 112 Hidden Lake Crescent as shown on Document 3. Building permits were issued and approved for all four lots based on the requirements of the Residential Two Zone (R2). The homes have been built and do not comply with setback requirements for the Residential One Zone (R1).
The fourth recommendation is to correct a number of technical anomalies within the former Townships of West Carleton, Goulbourn and Rideau Zoning By-laws. The Department maintains up-to-date consolidations of each of the former municipalities’ Zoning By-laws and performs an ongoing review of the Zoning By-laws to ensure accuracy. Part of this program is the clean up of any technical errors or anomalies discovered during the process. The recommended zoning amendments to correct technical anomalies are detailed in Document 4.
DISCUSSION
Recommendation 1 – 1202 Phelan Road East
The property located at 1202 Phelan Road East as shown on Document 1 is located in the Agricultural Resource Area designation of the Official Plan. The Agricultural Resource Area allows for a detached dwelling on a lot fronting on an existing public road. The existing size and boundaries of the subject property were created in 1998 following the severance of a 0.8-hectare parcel located at the intersection of Phelan Road East and Rideau Valley Drive. The property is currently zoned Restricted Rural Zone (A1) as per Zoning By-law 2004-428, which permits a minimum lot size of 10.0 hectares. At the time the severed parcel was rezoned Estate Residential (RE) the remnant parcel known as 1202 Phelan Road East was omitted from the zoning details and was not recognized as an undersized parcel. The property currently has an approximate area of 3.63 hectares. The Department is recommending the creation of a special exception zone to the Restricted Rural Zone (A1) to permit a minimum lot area of 3.5 hectares in order to reflect the creation of this undersized parcel.
Recommendation 2 – 7259 and 7243 Highway 7
The properties located at 7259 and 7243 Highway 7 as shown on Document 2 are located in the General Rural Area designation of the Official Plan. The General Rural Area allows for a variety of land uses, such as farms, rural housing, wood lots and forests, small industries, golf courses, and in many places, small clusters of residential and commercial development. The subject properties conform to the General Rural designation.
7259 Highway 7 is occupied by the Capital City Speedway, while the abutting property at 7243 Highway 7 is vacant (a former Pioneer Fuels gas bar). During preparation of the location plan for a site-specific rezoning of the Speedway property in 2005, from Open Space to Open Space Exception Zone, Holding Zone, OS-3(h) to permit a flea market, a previous mapping error in the Goulbourn Bylaw 40-99 was identified. The Highway Commercial Zone (CH), which was meant to apply to the Pioneer Fuels gas bar property, had been incorrectly located on the zoning map, and applied to a portion of the Speedway property east of the actual gas bar site. The resulting error had a portion of the Speedway property incorrectly zoned Highway Commercial Zone, while the gas bar property was incorrectly zoned Open Space Zone.
The Department recommends rezoning the part of 7259 Highway 7 currently zoned CH to OS-3 (h) in order to correspond with the zoning on the balance of the property. Staff also recommend that 7243 Highway 7 be rezoned CH from OS, in order to recognize the location of the Pioneer Fuels property previously zoned CH.
Recommendation 3 – 100, 104, 108 and 112 Hidden Lake Crescent
The subject properties located at
100, 104, 108 and 112 Hidden Lake Crescent as shown on Document 3 are located
in the Village of Carp are located in the Village designation of the Official
Plan. The current zoning and the proposed zoning both meet the intent of the
Village designation. The properties are currently zoned Residential One (R1) as
per Zoning By-law 266 of 1981. In 2000, the lots were created as part of
registered plan of subdivision 4M-1184, at which time the majority of the lands
included in the plan of subdivision were rezoned Residential Two (R2) to
reflect a reduced lot size, area and required setbacks. By-law No. 60 of 2000
mistakenly omitted Lots 1 to 4, municipally known as 100, 104, 108 and 112
Hidden Lake Crescent. The four properties in question have since been used for
the construction of single detached dwellings based on the R2 zoning provision.
The Department recommends that in order to reflect as built conditions and the
intent of the registered plan of subdivision, the four subject properties be
rezoned from Residential One Zone (R1) to Residential Two Zone (R2).
Recommendation 4 – Technical Anomalies
The technical anomalies found in the Zoning By-laws are generally minor typographical, misnumbering, misplacement of text, and mapping inaccuracies. Given the numbers and their relative minor nature, the detail of each has been explained in Document 4. The proposed corrections of the anomalies will:
· Clarify the purpose and intent of the by-laws
· Remove any confusion readers may currently have
· Not change the intended zoning
The approval of the four recommendations above will resolve various technical anomalies and improper zoning designations found in the Zoning By-laws of the former Townships of Goulbourn, Rideau and West Carleton.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillors for Wards 5 and 21 are aware of this application and the staff recommendation. Comments received through the circulation process are addressed in Document 11.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
This application was processed by the "On Time
Decision Date" established for the processing of Zoning By-law amendment
applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Location Map
Document 3 Location
Map
Document 4 Details
of Recommended zoning
Document 5 Key
Map
Document 6 Key
Map
Document 7 Key
Map
Document 8 Key
Map
Document 9 Key
Map
Document 10 Key Map
Document 11 Consultation Details
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner(s) and/or agents, Ghislain
Lamarche, Program Manager, Assessment, Financial Services Branch (Mail
Code: 26-76) of City Council’s
decision.
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Corporate Services Department, Legal Services
Branch to forward the implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
LOCATION MAP DOCUMENT 2
LOCATION MAP DOCUMENT
3
DETAILS OF RECOMMENDED ZONING DOCUMENT
4
Recommendation 1:
1) The lands at 1202 Phelan Road East as shown on Document 1 be rezoned from A1 to A1‑XX and will be subject to the following:
A1-XX – Despite any provision of this by-law to the contrary the minimum lot area is 3.5 hectares
Recommendation 2:
1) The lands at 7243 Highway 7 shown on Document 2 be rezoned from OS to CH.
2) The lands at 7259 Highway 7 shown on Document 2 will be rezoned from CH to
OS-3(h).
Recommendation 3:
1) The lands at 100, 104, 108 and 112 Hidden Lake Crescent shown on Document 3 will be rezoned from R1 to R2.
Recommendation 4:
1) “By-law No. 2004-428” entitled “Zoning By-law” of the former Township of Rideau:
a) Schedule A, Map 1B contains a mapping error. The lands shown as Area A on Document 5 attached to this report were originally zoned General Rural (A2). By law No. 91-95 changed the zoning of Area A lands from General Rural (A2) to Estate Residential Exception Twenty-Three Zone (RE-23). This change was not reflected in the Zoning Schedule. Planning staff recommend that Schedule A, Map 1B be amended to indicate Area A as RE-23 zone
b) A numerical error exists in Section 7(ff)(ii). The Estate Residential Exception Thirty-Two Zone (RE-32) was intended to have a minimum frontage requirement of 120 metres to reflect a reduced lot frontage as shown on Document 6. The RE‑32 currently requires a minimum lot frontage of 127 metres. Planning staff recommend Section 7(ff)(ii) be amended as follows:
Existing Wording:
7(ff)(ii) Lot Frontage (minimum): 127.0 m
Proposed Wording:
7(ff)(ii) Lot Frontage (minimum): 120.0 m
c) The current definition of “height” in By-law 2004-428 does not adequately address different roof types as seen in the Zoning By-laws for other former municipalities. As a result, numerous minor variance applications have been required in order to address this issue. In order to provide greater clarity to the definition of “height” found in Section 2, the following amendment is recommended by planning staff:
“height”, when used with reference to a building, means the vertical distance between the finished grade and
(a) the highest point of the roof surface, if a flat roof,
(b) the deck line, if a mansard roof,
(c) the mid point between the eaves and the ridge, if a hip, gable, shed or gambrel roof, or
(d) the highest point of the building or structure in all other cases,
exclusive of any accessory roof structure such as an antenna, chimney, steeple or tower. In the case where “height” is expressed in terms of storeys, “height” means the total number of storeys above and including the first storey;
d) The Estate Residential Exception 38 Zone (RE-38) of the lands shown on Document 7 contains an error in the required minimum lot frontage. Due to a text error in the previous Township of Rideau Zoning By-law, a minimum lot frontage of 59.9 metres has been enacted in the current Zoning By-law 2004-428. By‑law 2004-195, which created the RE-38 zone, indicates a minimum lot frontage of 56.9 metres is required, therefore planning staff recommend that the minimum frontage requirement be changed to 56.9 metres as follows:
Existing Wording
7(ll)(i) Lot Frontage (minimum) 59.9 m
Proposed Wording
7(ll)(i) Lot Frontage (minimum) 56.9 m
2) “By-law No. 266 of 1981” entitled “Zoning By-law” of the former Township of West Carleton:
a) Schedule A, Map 1 contains an error. The zoning schedule prepared as part of By-law No. 2000-83 did not properly reflect the location for the lifting of the holding symbol. The lands shown as Area A and Area B on Document 8 attached to this report had the holding symbol removed as per West Carleton By-law No. 2000-83. Area A is zoned Rural Residential (RR) and Area B is zoned Rural Residential Flood Plain (RR-FP). Staff recommend that Schedule A, Map 1 be amended to reflect the lifting of the holding symbol as shown on Document 8.
b) As a result of By-law 2005-367 the definition for “apartment within a house” was removed from Zoning By-law 266 of 1981. To ensure conformity within the By-law staff recommend an amendment to the definition of Dwelling Unit Area found in Section 2(77)(a) by removing the following wording “and except in the case of an apartment within a house, habitable rooms may be located in a basement or cellar”. The proposed change is outlined below:
Existing Wording:
2(77)(a) “Dwelling unit area” means the aggregate of the floor areas of all habitable rooms in a dwelling unit, excluding the thickness of any exterior walls and excluding any habitable room located in a basement or cellar, except that in the case of an apartment building or duplex dwelling house, habitable rooms located in a basement may be included and except that in the case of an apartment within a house, habitable rooms may be located in a basement or cellar.
New Wording:
2(77)(a) “Dwelling unit area” means the aggregate of the floor areas of all habitable rooms in a dwelling unit, excluding the thickness of any exterior walls and excluding any habitable room located in a basement or cellar, except that in the case of an apartment building or duplex dwelling house, habitable rooms located in a basement may be included.
c) Schedule A, Map 2 contains an error. The zoning schedule prepared as part of By-law No. 2005-468 did not properly reflect the property boundaries between 3680 and 3692 Timmins Road. The lands shown, as Areas A to D on Document 9 attached to this report require amending in order to properly reflect the correct lot configuration. The following amendments are required as shown on Document 9:
· Area A is to be rezoned from RU-53 to RU
· Area B is to be rezoned from RU to RU-53
· Area C is to be rezoned from RU-53 to RU
· Area D is to be rezoned from RU to RU-53
d) The Rural Commercial Exception Fifteen (One) Zone (CR-15 (x1)) as shown on Document 10, contains an error in the setback requirement from Carp Road. Staff recommend the text in Section 12(3)(n)(iii)(e)(i) be changed as follows:
(e) Special Setbacks from Carp Road:
i) Building Setback (minimum) 24 metres
Changed From:
i) Building Setback (minimum) 30 metres
KEY MAP DOCUMENT 5
KEY MAP DOCUMENT
6
KEY MAP DOCUMENT
7
KEY MAP DOCUMENT
8
KEY MAP DOCUMENT
9
KEY MAP DOCUMENT
10
CONSULTATION DETAILS DOCUMENT
11
Notification and public consultation
was undertaken in accordance with the Public Notification and Public
Consultation Policy approved by City Council for Zoning By-law amendments.
PUBLIC COMMENTS
All affected property owners were notified of the proposed housekeeping amendments. Telephone comments were received from seven of the affected property owners. The general nature of the inquiries was to confirm the exact nature of the change occurring and the effect on the individual properties. One written comment was received regarding 8740 McCaffrey Trail and has been addressed as follows:
The property owners of 8740 McCaffrey Trail made a request for a copy of the new flood plain mapping for their property in order to make an informed decision regarding any possible changes in the zoning boundaries on their property.
The property owners of 5532 Ferry Road also contacted staff regarding the proposed revision to the zoning schedule error associated with the flood plain boundary located on their property.
Staff recommend at this time to wait for mapping revisions for both properties to be made as part of the new City-wide Comprehensive Zoning By-law. The flood plain mapping for both properties will be revised at this time, to accurately reflect the flood plain boundaries as established by the Rideau Valley and Mississippi Valley Conservation Authorities. Both property owners have been made aware of this decision and are in agreement.
COUNCILLOR’S COMMENTS
Councillor Eli El-Chantiry and Glenn Brooks are aware of the applications and expressed no concerns due the minor nature of the amendments proposed.