2. 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 recommendationS AS AMENDED

(This application is subject to Bill 51)

That Council approve:

1. An amendment to the former City of Kanata Zoning By-law 161-93, to change the zoning of three city owned parklands from OS, R3A-5 and R5A-2 to OS1 as shown in Document 1.

2. An amendment to the former City of Kanata Zoning By-laws 161-93 and 74-79, to change the zoning of eight registered lots located on Goward Drive from ER in By‑law 74-79 to R1B-3 in By-law 161-93 and including Overlay 1 as shown in Document 2.

3. An amendment to the former City of Kanata Zoning By-law 132-93, to add ‘Recreational Establishment’ as a permitted use to the C1S(3) and C1S(4) Zones located at 555 and 591 March Road as shown in Document 3.

4. An amendment to the former City of Kanata Zoning By-law 168-94, to amend the zoning boundaries as shown on Document 4 and to add ‘Senior Citizen Housing’ as a permitted use to the R5A-3 Zone. Also to approve the addition of a definition for ‘Senior Citizen Housing’ as detailed in Document 5.

5. An amendment to Zoning By-laws of the former City of Kanata, and Township of Goulbourn to correct technical anomalies as detailed in Document 5.

RecommandationS modifiÉeS du Comité

(Cette demande est assujettie au projet de loi 51)

Que le Conseil approuve :

1. Une modification au Règlement municipal de zonage 161-93 de l’ancienne ville de Kanata visant à changer le zonage de trois parcs municipaux de OS, R3A-5 et R5A-2 à OS1 comme le montre le document 1.

2. Une modification aux Règlements municipaux de zonage 161-93 et 74-79 de l’ancienne ville de Kanata visant à changer le zonage de huit lots cadastraux situés sur la promenade Goward de ER dans le Règlement municipal 74-79 à R1B-3 dans le Règlement municipal 161-93, y compris la zone sous-jacente 1 comme le montre le document 2.

3. Une modification au Règlement municipal de zonage 132-93 de l’ancienne ville de Kanata pour ajouter « Établissement récréatif » comme utilisation permise aux zones C1S(3) et C1S(4) situées aux 555 et 591 chemin March comme le montre le document 3.

4. Une modification au Règlement municipal de zonage 168-94 de l’ancienne ville de Kanata visant à changer les limites de zonage, telles qu’illustrées sur le Document 4, et à ajouter « Logement pour personnes âgées » comme utilisation permise à la zone R5A-3. Approuver aussi l’ajout d’une définition pour « Logement pour personnes âgées » comme l’explique en détail le document 5.

5. Une modification aux règlements municipaux de zonage de l’ancienne ville de Kanata et du canton de Goulbourn afin de corriger certaines anomalies techniques comme l’explique en détail le document 5.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated
25 April 2007 (ACS2007-PTE-APR-0111).

2. Extract of Draft Minutes, 8 May 2007.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

April 25, 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

Kanata- North (4), Kanata- South (23), Stittsville- Kanata West (6)

Ref N°: ACS2007-PTE-APR-0111

SUBJECT:	ZONING - General Amendments to various zoning by‑laws to resolve technical Zoning anomalies (FILE NO. D02-02-07-0017)

OBJET :	ZONAGE - AMENDEMENTS GÉNÉRAUX À DIVERS RÈGLEMENTS DE ZONAGE AFIN DE CORRIGER CERTAINES ANOMALIES TECHNIQUES

REPORT RECOMMENDATIONS

That the Planning and Environment Committee recommend Council approve:

1. An amendment to the former City of Kanata Zoning By-law 161-93, to change the zoning of three city owned park lands from OS, R3A-5 and R5A-2 to OS1 as shown in Document 1.

4. An amendment to the former City of Kanata Zoning By-law 168-94, to amend the zoning boundaries and to add ‘Senior Citizen Housing’ as a permitted use to the R5A-3 Zone. Also to approve the addition of a definition for ‘Senior Citizen Housing’ as detailed in Document 5.

5. An amendment to Zoning By-laws of the former City of Kanata, and Township of Goulbourn to correct technical anomalies as detailed in Document 5.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver :

4. Une modification au Règlement municipal de zonage 168-94 de l’ancienne ville de Kanata visant à changer les limites de zonage et à ajouter « Logement pour personnes âgées » comme utilisation permise à la zone R5A-3. Approuver aussi l’ajout d’une définition pour « Logement pour personnes âgées » comme l’explique en détail le document 5.

BACKGROUND

The purpose of the subject staff report is fivefold. The first recommendation relates to City‑owned park lands located in the former City of Kanata. The lands shown as Area A, B and C on Document 1 were intended to be zoned Open Space One Zone (OS1) to reflect the location of an Urban Natural Feature, pathway blocks, a stormwater management pond and to amend areas currently zoned OS, a zone which does not exist in the Zoning By-law.

The lands are currently zoned OS, Residential Type 3A Exception Five Zone (R3A-5) and Residential Type 5A Exception Two Zone (R5A-2).

The second recommendation relates to eight lots located on the southeast side of Goward Drive in the former City of Kanata. The subject lots are shown on Document 2. The eight lots were omitted from the zoning schedule prepared as part of By-law No. 2003-285. Lots 8 to 15 on plan 4M-1309 were intended to be zoned Residential Type 1B Exception Three Zone (R1B-3) as part of the registered plan of subdivision. As such the lots are currently zoned Estate Residential (ER) and are proposed to be rezoned Residential Type 1B Exception Three Zone (R1B-3) as originally intended.

The third recommendation relates to two properties, 555 and 591 March Road, in the former City of Kanata. By-law No. 2006-384 rezoned the properties to allow for the construction of a commercial campus. 555 March Road was rezoned from Light Industrial Zone (M1) to Special Commercial Exception Three Zone (C1S(3)) and 591 March Road from Light Industrial-Select Special Exception Three Zone M1S(3) to Special Commercial Exception Four Zone (C1S(4)). In order to recognize the existing Martial Arts business located at 591 March Road and a proposed Fitness Centre to be located at 555 March Road, the addition of ‘Recreational Establishment’ to both the C1S(3) and C1S(4) zones is recommended.

The fourth recommendation relates to 70 Stonehaven Drive located in the former City of Kanata. The zoning schedule prepared as part of By-law No. 2001-216 did not properly reflect the property boundaries of 70 Stonehaven Drive. The highlighted area shown on Document 4 requires amending in order to properly reflect the correct lot configuration. The following amendment is required as shown on Document 4. By-law No. 2001-216 also did not include ‘Senior Citizen Housing’ as part of the Residential Type 5A Exception Three Zone (R5A-3). The current zoning permits a Nursing Home, a Group Home and an Apartment dwelling. The Seniors Residence that has been built on the property includes a variety of care options. The ‘Nursing Home’ use which is defined as “a Building containing multiple rooms with common access to eating, bathrooms, recreation and leisure areas for temporary occupancy by those requiring nursing or other care where meals, personal care, nursing services and medical care and treatment are provided or made available, as defined under the Nursing Homes Act” is not the most appropriate because not all units in Bridlewood Manor rely on common area use. The addition of ‘Senior Citizen Housing’ as a permitted use for the R5A-3 Zone is proposed. The ‘Senior Citizen Housing’ use will allow for a building containing rooming units or a combination of rooming and dwelling units. This amendment will also require the addition of a definition for ‘Senior Citizen Housing’ as outlined in Recommendations.

The fifth recommendation is to correct a number of technical anomalies within the former City of Kanata and Township of Goulbourn 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 5.

DISCUSSION

Recommendation 1 – Morgan’s Grant Open Space/Parkland

The City-owned properties located in the Morgan’s Grant Community in the former City of Kanata as shown on Document 1 are located in the General Urban Area, and Urban Natural Features designation of the Official Plan. The General Rural Area allows for a variety of uses including park space. The Urban Natural Feature designation allows for conservation and passive leisure uses. The proposed Zoning By-law amendments apply to three areas as indicated on Document 1. The recommended rezoning is outlined as follows:

Area A: To be rezoned from R3A-5 and OS to OS1

Area B: To be rezoned from R5A-2 to OS1

Area C: To be rezoned from OS to OS1

Area A is recommended to be rezoned from R3A-5 and OS to OS1 in order reflect the location of the Urban Natural Feature and two pathway blocks. Area B will be rezoned from R5A-2 to OS1 to reflect the location of the stormwater management pond and a pathway block. Area C is currently zoned OS a zone which does not exist in Zoning By-law 161-93, as such it is recommended that Area C be zoned OS1 to correspond with the Zoning By-law.

Recommendation 2 – Lots 8 to 15, Plan 4M-1309 (Goward Drive)

The eight properties are located on the southeast side of Goward Drive in the former City of Kanata as shown on Document 2 are located in the General Urban Area designation of the Official Plan. The General Urban Area allows for a variety of housing types. The eight properties were mistakenly omitted from the schedule, which accompanied By-law No. 2003-285 intended to rezone the properties from Estate Residential Zone (ER) to Residential Type 1B Exception Three Zone (R1B-3). The properties are part of registered plan of subdivision 4M-1309 and comply with the R1B-3 zoning requirements and the intent of the General Urban Area designation. In order to ensure that the intent of By-law no. 2003-285 is maintained and the eight subject properties comply with zoning requirements, it is recommended the area indicated on Document 2 be rezoned from Estate Residential Zone (ER) to Residential Type 1B Exception Three Zone (R1B-3).

Recommendation 3 – 555 and 591 March Road

The properties located at 555 and 591 March Road are located in the former City of Kanata as shown on Document 3 are located in the Employment Area designation of the Official Plan. The Employment Area designation allows for a variety of complementary uses including recreational and health and fitness uses (Section 3.6.5.2.a). In 2006 both properties were rezoned to allow for additional commercial uses on the site. By-law No. 2006-384 amended the zoning for 555 March Road from Light Industrial Zone (M1) to Special Commercial Exception Three Zone (C1S(3)) and 591 March Road from Light Industrial-Select Special Exception Three Zone M1S(3) to Special Commercial Exception Four Zone (C1S(4)). The zone change was intended to allow for a variety of commercial uses complementary to the Employment Area.

The intent of By‑law No. 2006‑384 was to also include ‘Recreational Establishment’ as a permitted use on both properties.

This would recognize the existing Martial Arts business located at 591 March Road and a new fitness facility proposed for 555 March Road. At the time the By-law was passed by the Planning and Environment Committee, ‘Recreational Establishment’ had not been included in the details of zoning. The addition of ‘Recreational Establishment’ in the C1S(3) and CIS(4) zone is consistent with the intent of By-law 2006-384 and the Special Employment Area designation in the Official Plan. The Department recommends that ‘Recreational Establishment’ to be included as a permitted use in both the C1S(3) and C1S(4) Zones.

Recommendation 4 – 70 Stonehaven Drive

The property located at 70 Stonehaven Drive is located in the former City of Kanata as shown on Document 4 is located in the General Urban Area designation of the Official Plan. The General Urban Area allows for a variety of housing types. The property was recently developed as Stonehaven Manor a retirement home, which includes a variety of unit types and care options for senior citizens. There are two outstanding issues in Zoning By-law 168-94 related to the subject property.

The first is a Schedule error made as part of By-law No. 2001-216 which rezoned the property to its current Residential Type 5A Exception Three Zone (R5A-3). At the time the schedule prepared as part of the By-law did not include the entire property municipally known as 70 Stonehaven Drive. It is recommended the area highlighted on Document 4 is to be rezoned from R3A to R5A-3 in order to reflect the correct property boundaries.

The second issue relates to the permitted uses for the site. The R5A-3 zone currently permits the following residential uses:

- Apartment Dwelling

- Group Homes in accordance with Section 5(1)(a)

- Nursing Home

In order to appropriately address the variety of dwelling types and levels of care provided at Stonehaven Manor, the Department recommends that a definition for ‘Senior Citizen Housing’ be added to Section 2 of Zoning By-law 168-94 and added as a permitted use to the R5A-3 zone which applies to the 70 Stonehaven Drive. The definition for ‘Senior Citizen Housing’ would appear in Section 2 of Zoning By-law 168-94 as follows:

Senior Citizen Housing means a residential use building containing rooming units or a combination of rooming and dwelling units, providing residence mostly to senior citizens, and which may provide ancillary health, personal service, and recreational services to serve the residents of the home.

Recommendation 5 – Technical Anomalies

The technical anomalies found in the Zoning By-laws are generally minor typographical, misnumbering, misplacement of text, and mapping inaccuracies. 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

Staff recommend approval of the proposed amendments in order to resolve various technical anomalies and improper zoning designations found in the Zoning By-laws of the former City of Kanata and Township of Goulbourn.

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillors for Wards 4,6 and 23 are aware of this application and the staff recommendation (see Document 8 for details). The City did not receive any negative comments or opposition to this application.

FINANCIAL IMPLICATIONS

N/A

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 Location Map

Document 5 Details of Recommended zoning

Document 6 Key Map

Document 7 Key Map

Document 8 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

LOCATION MAP DOCUMENT 4

DETAILS OF RECOMMENDED ZONING DOCUMENT 5

1) “By-law No. 135-93” entitled “Zoning By-law for the Kanata South Business Park” of the former City of Kanata:

a) A numerical error was identified in Section 5.15(a)16, which details the parking requirements for a “Restaurant, Take-Out”. The Zoning By-law currently requires the following:

5.15(a)16 “2 parking spaces for each square metres of net floor area”

Staff recommend the parking requirement be amended to reflect the requirement of the former City of Kanata residential Zoning By-laws as follows:

5.15(a)16 “2 parking spaces for each 10 square metres of net floor area”

The current parking requirement is not realistic and does not represent the intent of former City of Kanata parking requirements.

2) “By-law No. 138-93” entitled “Zoning By-law for the Terry Fox Business Park” of the former City of Kanata:

a) A numerical error was identified in Section 5.15(a)16, which details the parking requirements for a “Restaurant, Take-Out”. The Zoning By-law currently requires the following:

5.15(a)16 “2 parking spaces for each square metres of net floor area”

Staff recommend the parking requirement be amended to reflect the requirement of the former City of Kanata residential Zoning By-laws as follows:

5.15(a)16 “2 parking spaces for each 10 square metres of net floor area”

The current parking requirement is not realistic and does not represent the intent of former City of Kanata parking requirements.

3) “By-law No. 40-99” entitled “Zoning By-law” of the former township of Goulbourn:

a) As a result of the private approach by-law (By-law no. 2003-447), 3 requirements of Zoning By-law 40-99 are no longer valid and require amendment to ensure the conformity of the Zoning By-law. Staff recommend that the “Special Residential Parking Requirements” in Section 3(16)(d)(ii,iv and v) be revised as follows:

Section 3(16)(d)(ii)

Existing wording:

(ii) Access to a PARKING SPACE shall be provided by a driveway having a minimum width of 3 m and a maximum width of 9 m, measured at the STREET LINE.

New wording:

(ii) Access to a PARKING SPACE shall be provided by a driveway having a minimum width of 2.7 m and a maximum width of 9 m, measured at the STREET LINE.

Although the private approach by-law allows for a driveway with a minimum width of 2.4 m, staff recommend a minimum width of 2.7 m to ensure the access to a parking spaces has the same minimum width as a parking space as defined in Section 2(109) Zoning By-law 40-99.

Section 3(16)(d)(iv)

Existing Wording:

(iv) The minimum distance between a driveway and an intersection of STREET LINES shall be 8 m, measured at the STREET LINE.

New Wording:

(iv) The minimum distance between a driveway and an intersection of STREET LINES shall be 6 m, measured at the STREET LINE.

Section 3(16)(d)(v)

Existing Wording:

(v) The minimum angle of intersection between a driveway and a STREET LINE shall be 60 degrees.

New Wording:

(v) omitted and (vi) renumbered to (v) and all references in the By-law to 3(16)(d)(vi) be changed to 3(16)(d)(v)

Staff recommend that Section 3(16)(d)(v) be omitted as general regulation seventeen (17) of the private approach addresses the required angle of intersection as follows:

“The centerline of a private approach shall intersect the centreline of the roadway as nearly as practicable at a right angle, but in no case shall the acute angle between the centre line of the private approach and the centreline of the roadway be less than 70 degrees.”

b) Schedule A, Map 2 of Zoning By-law 40-99 should be amended to include two urban areas currently shown on Schedule A, Map 1. The first area to be added is located at 5624 Fernbank Road as shown on Document 6. Staff recommend that this area be included on Schedule A, Map 2 to ensure clarity for the reader.

The second area as shown on Document 6, includes the remaining portions of Lots 26, 27 and 28 that are currently not shown on Map 2. Staff recommend that these areas which are currently shown on Map 1 be shown on map 2.

4) “By-law No. 168-94” entitled “Zoning By-law for Bridlewood Community” of the former City of Kanata:

a) Zoning By-law 168-94 shall be amended by adding the following definition:

5) “By-law No. 142-93” entitled “Zoning By-law for Kanata Town Centre - Special Employment Area” of the former City of Kanata:

a) Schedule A of Zoning By-law 142-93 should be amended to reflect the correct zoning for Areas A and B as shown on Document 7.

The amendment is required to reflect the intent of By-law 2007-57, which rezoned Area A from MIC-1 to MIC-4. Due to an error in the schedule prepared at the time, the property is shown as an MIC-X Zone, which currently does not exist. Area B is also mistakenly shown as MIC-X. The property was never rezoned from the MIC-1 Zone.

KEY MAP DOCUMENT 6

KEY MAP DOCUMENT 7

CONSULTATION DETAILS DOCUMENT 8

NOTIFICATION AND CONSULTATION PROCESS

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 effected property owners were notified of the proposed housekeeping amendments. One written comment was received regarding 70 Stonehaven Drive in concurrence with the proposed amendment.

COUNCILLOR’S COMMENTS

Councillors Peggy Feltmate (Kanata South), Marianne Wilkinson (Kanata North) and Shad Qadri (Kanata West – Stittsville) are aware of the application. Information meetings were held with both Councillor Qadri and Councillor Wilkinson to discuss the proposed technical amendments.