2.             COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTION - THIRD REPORT

 

RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – TROISIÈME RAPPORT

 

 

 

PLANNING AND ENVIRONMENT Committee RecommendationS AS AMENDED

 

That Council approve:

 

1.         The amendments recommended in Column 4 of Document 1, to correct anomalies in Zoning By-law 2008-250;

 

2.         The rezoning of 6030 Voyageur Drive from 01–Parks and Open Space to School and Daycare to recognize the existing school and daycare use of the lands.

 

 

AGRICULTURE AND RURAL AFFAIRS Committee RecommendationS AS AMENDED

 

That Council approve:

 

1.         The amendments recommended in Column 4 of Document 2, to correct anomalies in Zoning By-law 2008-250;

 

2.         The rezoning of 1337 Remington Way from VII to VII with a new exception to permit an accessory building with a maximum gross floor area of 101 square metres;

 

3.         The rezoning of 4612 Albion Road to add “place of worship” as an additional permitted land use on the site.

 

 

Recommandations modifiÉeS du Comité de l’urbanisme et de l’environnement

 

Que le Conseil approuve:

 

1.         les modifications recommandées dans la Colonne 4 du Document 1 afin de corriger des anomalies dans le Règlement de zonage 2008-250;


 

2.         le changement de zonage de la propriété située au 6030, promenade Voyageur, de 01 – Zone de parcs et d’espace vert à une zone permettant l’exploitation d’une école et d’un centre de jour, en vue de reconnaître l’utilisation actuelle du terrain.

 

 

Recommandations modifiÉeS du Comité de l’agriculture et des questions rurales et DU Comité de l’urbanisme et de l’environnement

 

Que le Conseil approuve:

 

1.         les modifications recommandées dans la colonne 4 du document 2, afin de corriger des anomalies dans le Règlement de zonage 2008-250;

 

2.         la modification du zonage de la propriété située au 1337, voie  Remington, pour la faire passer de VII à VII avec une exception visant à permettre un immeuble accessoire ayant une surface de plancher brute maximale de 101 mètres carrés;

 

3.         la modification du zonage de la propriété située au 4612, chemin  Albion, afin d’ajouter un « lieu de culte » aux utilisations permises à cet endroit.

 

 

Documentation

 

1.      Deputy City Manager's report, City Operations, dated 6 November 2008
(ACS2008-ICS-PLA-0224).

 

2.      Planning and Environment Committee, Extract of Draft Minutes 45,
25 November 2008.

 

3.      Extract of Draft Minutes 34, 27 November 2008.

 

 


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and / et

 

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

 

and Council / et au Conseil

 

November 6, 2008/le 06 novembre 2008

 

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, Community Planning and Design/Aménagement et conception communautaire, Planning Branch/

Direction de l’urbanisme

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2008-ICS-PLA-0224

 

 

SUBJECT:

COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTION - THIRD REPORT

 

 

OBJET :

RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – TROISIÈME 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

 

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 have 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

 

Since the adoption of the Zoning By-law 2008-250, staff have monitored the new by-law and have 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 which were not accurately reflected in the Comprehensive Zoning By-law. 

 

Further, at their meeting of August 21, 2008, in considering the first anomaly report for By‑law 2008-250 with respect to proposed changes to 2485 Carp Road; the Agriculture and Rural Affairs Committee recommended that Council hold off approving the recommended changes identified in Item 2 of Document 2 of report ACS2008-PTE-PLA-0176, in order for staff to review whether or not a “conservation use” definition should be inserted into the Zoning By-law. Specifically, Mr. Gary Marshall in speaking to Committee that day, suggested that the former West Carleton definition be adopted.


 

The definition in the former West Carleton Zoning By-law for conservation use was as follows: 

"Conservation use" means the maintenance of the natural environment for the purposes of preservation, research, observation and outdoor uses such as hiking, hunting and fishing. This definition may include the erection and use of trail shelters and other similar structures ancillary to the foregoing uses but shall not include the use of a dwelling house, a mobile home, a tourist vehicle or a tourist trailer".

 

Under the new Comprehensive Zoning By-law, the corresponding land use is now called an "Environmental preserve and education area".  Not all land uses are defined in zoning by-laws as a definition is only required if the natural meaning of the words are not clear. 

 

This particular land use is not defined in By-law 2008-250 and it is felt that it is not necessary to provide a definition for this use, nor is it necessary to add a new land use, that being "Conservation use" since there is a new land use replacing this term. Document 2 does propose to add the land use "Environmental preserve and education area" to the permitted uses for 2485 Carp Road, which replaces the previous "conservation use" permitted on these lands, but without the need for a definition.

 

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 first class or electronic mail.

 

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

 

Infrastructure Services and Community Sustainability Department to prepare the implementing by-law, forward it to Legal Services Branch

 

Legal Services Branch to bring forward report and by-law to Ontario Municipal Board.

 


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

3200 Walkley Road

The zoning of the Walkley Yards, the area between Albion and Conroy which under the former Ottawa Zoning By-law was zoned for Heavy Industrial uses, was inadvertenly changed from IH - Heavy Industrial to IL - Light Industrial, between the May 2007 draft of the zoning by-law and the final adopting by-law.

Change the zoning map to rezone the lands from IL to IH, as shown in Document 3

2

3702 Prince of Wales Drive

This portion of the existing cemetery lands is zoned I1B - Minor Institutional, which does not recognize the current land use. The remainder of the cemetery (3700 Prince of Wales) has been correctly zoned I1D in a recent amendment, and this site should be placed in the same zoning.

Change the zoning map to rezone the lands from I1B to I1D, as shown in Document 3

3

Section 133 - Secondary Dwelling Units

When the clauses detailing the interpretation of density counts, including maximum number of units per hectare and maximum number of dwelling units, secondary dwelling units and garden suites from such counts were inadvertently deleted.

 

To ensure the implementation of the secondary dwelling unit report and zoning amendment, staff recommend a modification to Section 133, to specify that secondary dwelling units are excluded from any density regulations and counts.

Amend Section 133 to add a new clause (17) immediately following clause (16), as follows:

 

"(17) Secondary dwelling units must not be limited by, nor included in, any density control requirement, including the maximum number of dwelling units, or maximum unit per hectare."


 

4

Exceptions to Section 125 (c) - Group Homes

Exception zones were created or modified to include a provision that indicates that "Section 125 (c) does not apply", prior to revisions being made to Section 125.  Paragraph (d) is the correct reference indicating that the minimuim separation area does not apply.

Modify Exceptions [6], [1115], [1269], [1338], [1339], [1340], [1346] and [1347] to replace (c) with (d).

5

Exception [1636]

Exception [1636] should be revised to correct an anomaly in a recent omnibus amendment by deleting the contents of Columns III and V, and adding the words "Minimum front yard setback for a multiple attached dwelling: 3 metres" to Column V.

Delete the contents of Columns III and V of Exception [1636], and add the words "Minimum front yard setback for a multiple attached dwelling: 3 metres" to Column V

6

Sawmill Creek, from the Rideau River to Hunt Club Road

The location of the floodplain overlay is missing from the Sawmill Creek area, as it was not included in the floodplain data received from the Rideau Valley Conservation Authority, since the mapping is part of the separate Sawmill Creek Watershed study. The RVCA have advised the mapping should have been included. The floodplain overlay is similar to that mapped in the former Ottawa Zoning By-law.

Re-instate the floodplain overlay, on the zoning map,as it affects the lands located along the Sawmill Creek, as shown in Document 3.

7

 

1018 Marconi Avenue

Rezone the eastern portion of 1018 Marconi Avenue from the current R5A[1557] to R3Z[1306] to implement By-law 2007-188

Change the zoning map to rezone the lands along the eastern portion of 1018 Marconi Avenue from R5A[1557] to R3Z[1306], as shown in Document 3

8

348 Woodroffe Avenue

Delete incorrect reference to "tp"- (added in error- this terminology is not used in new by-law)

Change the zoning map to rezone the lands from R4D[984]-tp to R4D[984], as shown in Document 3


 

9

4101 and 5025 Innovation Drive

An error was made during the incorporation of By-law 2006-358 into former Kanata Zoning By-law 132-93 consolidation, and since those consolidations were used during the preparation of the Comprehensive Zoning By-law, the anomaly was replicated. As well, By-law 2006-358 permitted a restaurant, and a restaurant- take out, and those are interpreted to mean a restaurant is permitted under the Comprehensive Zoning By-law, but without a drive through facility.

Change the zoning map to rezone  4101 Innovation Drive from IG6[218]H(44) to IG6 H(44) and 5025 Innovation Drive from IG6 H(44) to IG6[218]H(44), as shown in Document 3.

 

Add the following use as an additional permitted use in Exception 218: restaurant.

10

Part of 1941 Ogilvie Road

In former Gloucester, these lands were zoned a Government zone and had no height limit or floor area controls. Because they were designated Employment area in the Official Plan,  they were assigned an IL - light industrial zone with exception [249] limiting the uses to office type development. The IL zone has a standard height of 18 metres and it has been identified that there is an existing building on site that is higher than this height. The zoning should reflect this existing building height at 32 m. The density control in the IL zone will continue to apply.

Change the zoning map to rezone the lands from IL[249] to IL[249]H(32), as shown in Document 3.

11

20 Frank Nighbour Place

The existing zoning in the former Kanata Zoning By-law included a "f" suffix which indicated flood proofing requirements within the flood fringe. While these requirements were orignially inserted into exception [303] for this site, when a site specific amendment for this property was approved, a new exception [1414] was created and the flood proofing provisions should have been carried over since this was a site specific amendment.

Add the following to Column V of Exception [1414]:

- for those lands located within the flood fringe, which are defined as any lands at a ground elevation of 94.2 metres or less, the following provisions apply:

(1) all dwelling units, rooming units, secondary dwelling units and garden suites and any related major building service such as mechanical or electrical services, and all additions or alterations which expand a non-complying building or structure must be at least 0.3 metres above the regulatory flood level, and

(2) all non-residential uses must be flood proofed to at least the regulatory flood level of 94.4 metres G.S.C.D..

12

15 Frank Nighbor Place, 737 and 777 Silver Seven

The existing zoning in the former Kanata Zoning By-law did not include an "f" suffix on these properties, but they are currently zoned with exception [303] which does carry over flood proofing provisions but which should only apply to 50 Frank Nighbor Place, in addition to 20 Frank Nighbor Place.

Change the zoning map, as shown in Document 3, to rezone the lands from IL6[303]H(30)-h to IL6[xxx]H(30)-h; an exception that replicates the provisions of Exception [303], except for the flood proofing provisions contained in exception [303].

13

613 Hazeldean Road

These two small parcels of land are zoned AM7[1570]-h, with a floodplain overlay. In the former Kanata zoning for these properties, reference is made to applying the flood proofing measures once they are removed from the floodplain after the "f" suffix is removed. This provision was not reflected in exception [1570] in accordance with the site specific amendment for these lands.

Modify exception [1570] to:

- add "[1570]-h" after the letters "AM7", and

- add the provision after the last provision in the exception that states has the effect of inserting the following provision upon removal of the flood plain overlay:

" -the lands are located in the flood fringe, which are defined as lands at a ground level elevation of 95.2 metres or less,  and all permitted uses must be flood proofed in accordance with the following provisions:

(a) any building and related major building services such as mechanical or electrical services, must be located at least 0.3 metres above the regulatory flood level;

(b) all residential and non-residential uses must be flood proofed to 0.3 metres above the regulatory flood level"

14

8, 10, 12 and 14 Nairn Street

The area in Westcreek Meadows along parts of Kincardine,  Nairn and Dunnet, which is now developed with detached and townhouse dwellings had an "f"suffix under the former Kanata Zoning By-law indicating flood-proofing measures applied. These were not carried over in the Comprehensive Zoning By-law, however part of the lands should have retained the flood proofing provisions as the lands are still within the flood fringe. However, the rest of the area is no longer in the flood fringe and therefore it is appropriate not to have applied the flood proofing measures to the other lands.

Change the zoning map affecting the lands to R3X[xxx], as shown in Document 3, with the exception indicating the following:

"-the lands are partially located in the flood fringe, as defined by lands located at a ground elevation of 95.2 metres or less, and all permitted uses must be flood-proofed in accordance with the following provisions:

(a) any dwelling unit and related major building services, such as mechanical or electrical services, shall be located at least 0.3 metres above the regulatory flood level.

(b) all residential uses must be flood proofed to 0.3 metres above the regulatory flood level.

15

Section 3.(3) Non-Conformity and Non-Compliance

Revise the wording to clarify the intent that all buildings, structures and facilities are subject to these provisions (including septic and other servicing systems)

Revise Section 3.(3) to state "When a building, structure, facility or otherwise, including septic and other servicing systems, used in connection..."

16

Section 198(9)(a)

Delete "place of assembly" from TM9 Subzone permitted uses, as it is redundant since this use is already permitted in the TM primary zone

Delete "place of assembly" from Section 198(9)(a)

17

Section 204(7)(h)

Revise wording to reflect the intent of the former By-law 142-93 for the Kanata Town Centre Special Employment Area.

Delete the words "office is not a permitted primary use on lots greater than 5500 m2 in area" and replace with the words "maximum gross floor area of 5500 m2 is permitted for office use that is the primary use of the lot".

18

260 Sunnyside Avenue

Rezone these lands from L3[321] to L1 with a new exception to reflect the intent of the former Ottawa zoning.

Rezone these lands from L3[321] to L1[xxx], as shown in Document 3 , with a new exception that states "3 parking spaces to be provided, each with a minimum width of 2.7 metres" 

19

2636 Mac Street

The unit per hectare suffix U(60) should be removed from the zoning map, as the U suffix is no longer used.

Amend the zoning map, for 2636 Mac Street , as shown in Document 3, so that the zoning is GM16 F(0.6).

 


 

20

Mer Bleue Road at Proposed Blackburn Bypass Extension

Implement amending By-law 2006-439 in the new Zoning By-law

Change the zoning map to rezone the lands from partially DR, R5XX[1312] and R3XX[1312] to MC[1573] and R4A[1572] as shown in Document 3.

21

Section 106(5)

Clarify that the permission for small vehicle parking spaces only applies in the case of a parking lot (4 or more parking spaces)

Add Section 106(5)(d) which states “the parking space must be located in a parking lot”

22

Residential Zone Endnotes - interior side yard requirements on corner lots

Where a minimum total interior side yard setback has been noted in the Residential Subzone Tables as "varies", it refers the reader to specified Endnotes.  The Endnotes apply a minimum total interior side yard, with at least a specified amount per side yard.  This minimum is too large when applied in its totality on the only one interior side yard on corner lots. 

 

Suggest clarifying that the minimum required for the only interior side yard setback on a corner lot is reduced by 50%, in recognition of the already larger corner side yard requirment.

Amend the following Endnotes in Part 6 and listed below by revising and adding new wording as detailed below.

 

1.Replace the words “with no yard less than…” or “with one yard at least” with the following: “…with one minimum yard, no less than…”; and

2. Adding an additional sentence:

“In the case of a corner lot, the minimum required interior side yard setback equals the minimum stated herein for one yard.

 

Affects Endnotes:

R1 - Endnotes 3, 5, 6, 7, 8, 10;  Table 156 B

R2 - Endnotes 7, 8;  Table 158 B

R3 - Endnotes 3, 4, 5, 6;  Table 160 B

R4 -  Endnotes 5, 6, 7, 8;  Table 162 B

R5 - Endnote 16;  Table 164 B

23

IL1 subzone - Kanata Town Centre, Hearst Way

In the IL1 Subzone, provisions (i) and (ii) of Sections 204 were intended to be deleted since they do not reflect the current Kanata Town Centre provisions, but a technical problem with the track changes tool to make changes to the text meant that the words were not deleted  in the production of the final document.

 

Delete subclauses (i) and (ii) from Section 204(1)(a); and replace the word “does” with “do”in Section 204 (1) (a).

24

Part of 200 Besserer Street

The zoning boundary bisects this property - it should, in fact, follow the property line between 200 and 222 Besserer Street

Change the zoning map to rezone the lands from R5F S270 to R5F[986]H(36), as shown in Document 3.

25

Table 55 – Provisions for Accessory Uses, Buildings or Structures

Clarify intent that the minimum required setback of an accessory use, building, or structure from a front lot line is the same as the setback required for the principal dwelling

Revise wording of row (2) to state "Same as required for principal building”

26

Table 65 - Permitted Projections Into Required Yards

Specify that uncovered, unenclosed features such as decks or platforms are not subject to a setback, but only in cases where the walking surface is not higher than 0.6 m above adjacent grade. This is intended to mirror the building permit exemption for decks where the walking surface is 0.6m or less above the adjacent grade. In all other cases, decks and platforms would be subject to a setback.

Revise wording of Row (6)(a) to state that the required setback for “uncovered, unenclosed features such as decks or platforms where the walking surface is not higher than 0.6 m above adjacent grade- no limit”

27

Exception [1332], Stittsville Main Street

Exception [1332] which applies only to Stittsville Main Street is redundant as it repeats the provisions already applicable to the TM9- Stittsville Main Street Subzone

Delete the text of Exception [1332] in Section 239 and delete references to Exception [1332] on Stittsville Main Street on the zoning maps, as shown in Document 3

28

1491 Stittsville Main Street

Property is zoned TM[465] H(15), but should have been rezoned to TM9[465] H(11) as per Council’s direction at the draft Zoning By-law public hearings (all of Stittsville Main Street was to be zoned TM9 with a maximum 11 metre height). This change will not affect the conformity of the existing development.

Change the zoning map to rezone the lands from TM[465] H(15) to TM9[465] H(11), as shown in Document 3.


 

29

2298 Midway Avenue

 

The site is developed with a number of residential dwellings, of which the most northern dwelling was not captured within the R3A zone that covers the remainder of the site.

This anomaly was created during the development of former Ottawa’s Zoning By-law 93-98 and should be corrected to ensure that all of the dwellings at 2298 Midway are zoned in the same R3A subzone. 

Amend the zoning map to correct the anomaly, as shown in Document 3.

30

Area zoned R2S[773] extending north to Rahul Crescent, south and east to the back of lots fronting on Kochar Drive, and west to Prince of Wales Drive

The exception number should be [1194] and not [773]

Amend the zoning map to replace the exception number [773] with [1194] and apply to lands zoned R2S and generally bounded by Rahual Crescent, Kochar Drive and Prince of Wales Drive, as shown in Document 3.

31

4401 and 4451 Fallowfield Road

The address noted in the Exception was changed following the adoption of the site-specific zoning amendment, which meant that the original property (4401) was permitted the additional uses, but the applicable site should be 4451 Fallowfield, the site that was severed post-site-specific zoning by-law adoption

 Modify Exception [1219], Column III by replacing the address 4401 Fallowfield with 4451 Fallowfield.

32

Definition of front lot line and side lot line

Revise definition of front and side lot line to clarify that a corner sight triangle does not qualify as the front or side lot line. It was not intended that these “corner cut-offs” would serve as the lot line

Revise the definition of front lot line and side lot line to specify that a corner sight triangle does not qualify as the lot line.

33

940 Belfast Road

Former Ottawa IL[272]F(1.0) zoning is not reflected in the new IL[446] zone. Revise Exception [446] provisions to implement former Ottawa zoning  (exception [446] applies only to this site)

Revise Exception [446] to state as follows:

1. Applicable Zone- IL[446]

2. Land Uses Prohibited- medical facility

3. Provisions- office limited to 2726 square metres

34

775-795 March Road

This anomaly correction is intended to address an appeal to Comprehensive Zoning By-law 2008-250. Reinstate the LC H(11) zoning and applicable exception provisions for this site shown in the March, 2008 version of the new Zoning By-law, which reflects the former Kanata CG Zoning (note that the holding symbol shown in the March, 2008 draft is no longer required as the holding provisions were lifted from the former Kanata Zoning By-law by City Council; also note that take-out restaurants with drive-throughs are permitted in the former CG Zone for this property)

Change the zoning map to rezone the lands from LC7 to LC[xxx] H(11), as shown in Document 3, and create and apply a new exception to the site which states as follows:

1. Additional land uses permitted: "drive-through facility";

2. Provisions:

"Sections 189(1)(b) and 189(1)(c) do not apply"

 

35

2844 Ahearn and 2805 Carling

Britannia Park (Tennis Centre West Ottawa)

O1D Zoning does not recognize the indoor (inflatable domed) tennis facility,  whereas the former Ottawa LIB Zoning does (recreational and athletic facility)

Change the zoning map to rezone the lands from O1D to O1D-Exception[XXX], as shown in Document 3, that permits a "recreational and athletic facility" as an additional permitted land use

36

1645 and 1665 Russell Road

Rezone lands from IL1[264] S102 to IL[264] S102 as IL1 Subzone should not apply to this site (applies only to Hearst Way lands)

Change the zoning map to rezone the lands from IL1[264]S102 to IL[264] S102, as shown in Document 3.

37

Exception [1627]

Amend Exception [1627] to permit a 0.0 metre setback from the lot line at a corner sight triangle, as indicated in amending By-law 2008-209, approved in May, 2008

Amend Exception [1627], Column V-Provisions to add the provision "0.0 metre setback required from the lot line at a corner sight triangle"

38

280 Didsbury Road/45 Goulbourn Forced Road

The site is zoned "IL7[1412] H(24)-h" in the Comprehensive Zoning By-law. A Council decision for an Official Plan Amendment to the former City of Kanata Town Centre Secondary Plan and Zoning By-law Amendment to the former City of Kanata Zoning By-law to allow warehouse and retail store (and to address other policy and zone provisions), was approved on August 29th, 2007 for lands municipally known as 280 Didsbury Road/45 Goulbourn Forced Road.

 

The Light Industrial Subzone 7 (LI7) in the City's Comprehensive Zoning By-law does not allow the full range of uses permitted by way of the above noted amendments.  Specifically, the definition of a retail use in the IL Subzone limits retail uses to the sale of appliances, furniture, floor covering, paint and wall coverings, doors, windows, building materials supplies, plumbing supplies, electrical supplies, heating and cooling supplies, kitchen and bathroom cabinets and fixtures, specialty tools, garden supplies and any products directly relating to the foregoing. 

 

The definition would limit the use of the land to a home improvement store, which:

i) is not the developers vision for the lands,

ii) is not consistent with the current tenants on the lands, and iii) is contrary to private covenants on the lands (restricting a home improvement store to avoid a conflict with the Canadian Tire store to the north, along Campeau Drive).

 

 

The main or short-term concern is that the optical retail outlet could be considered legal non-conforming, although transition policies in Section 9 of the new Comprehensive By-law may provide some relief.

Section 204(7)(d) is deleted and replaced with the following:

- for a retail store, the maximum gross floor area is 4,999 m2

 

The following provision is added immediately following Section 204(7)(d) and the subsequent sections are renumbered accordingly:

- for a retail store with a minimum gross floor area of 1,858 m2 and a maximum gross floor area of 4,999 m2, there are no limitations on the types of products sold except that supermarket and department store uses are prohibited

 

The provisions for Exception [1412 ]are deleted and replaced with the following:

- for a retail store with a gross floor area of 0 to 600 m2 and 1,858 to 4,999 m2, there are no limitations on the types of products sold

- a maximum of one warehouse building is permitted with a maximum ground floor area of 2,500 m2

- minimum front and corner side yard setback is 3 m

- minimum interior side yard setback of 2 m, which may be reduced to 0 m abutting an existing or future rapid transit corridor- minimum parking rate for warehouse of 0.121 spaces per 100 m2 of gross floor area

- no parking lot landscape buffer required adjacent to an existing or future rapid transit corridor

- a retail store with a gross floor area of 1,858 to 4,999 m2 is permitted only after the ‘h’ symbol has been removed by City Council following City approval of a traffic study that identifies the roadway/intersection modifications required to support the scale of the proposed development

39

4784 and 4786 Bank and 500 White Alder

A number of minor adjustments are required to the zoning map to reflect the approved plan of subdivision and By-law 2006-380 and 2007-498. These changes are primarily to reflect the proper locations for the open space zones.

Modify the zoning as shown on the map included in Document 3.

40

4275 and 4279 Innes Road

Amend the zoning maps to reflect the GM21[1284] F(0.5) H(9) zoning already shown for these lands in Column II of Exception [1284], to implement the former Cumberland zoning

1. Change the zoning map to rezone 4275 and 4279 Innes Road from R1HH[1284] to GM21[1284] F(0.5) H(9), as shown in Document 3.

2. Revise Section 239, Exception [1284], Column II to refer to GM21[1284] F(0.5) H(9).

41

R4K Subzone

An error occurred in the original draft of the Comprehensive Zoning By-law, wherein the incorrect lot width and lot area were applied to multiple dwellings and semi-detached dwellings.  The R4K Subzone should reflect the former Ottawa 93-98 R4F subzone, and not the former R4E subzone. 

Amend the R4K subzone, Column IV – Minimum Lot Width (m) to replace the “5.6” with “4.5” and Column V – Minimum Lot Area (m2 ) to replace “170” with “110”.


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

Exception [588r]

Add reference to V1H[588r] zone in Column II

Add "V1H[588r]" to Column II of Exception [588r]           

2

South side of Old Carp Road, between March Road and Second Line Road, 1324 to 2057 Old Carp Road

While the properties on the south side of Old Carp Road appear to be included in the urban area on Schedule B of the Official Plan, technically they are in the rural area. As a result, they were incorrectly zoned DR - development reserve, and should instead be zoned an appropriate rural zone or open space zone.

Change the zoning map to rezone the lands from DR to RR7, RR10, RU and O1 as shown on the map in Document 3.

3

Section 240, Exception [512r]

Revise Column II to refer to RR4[512r] instead of RR6[512r] to indicate the correct applicable zoning category

Revise Column II of Exception [512r] to refer only to RR4[512r]

4

2485 Carp Road

The owner of the lands has appealed By-law 2008-250 to the Ontario Municipal Board. One of the requests is to re-instate a number of uses previously permitted in the zoning for the property under the West Carleton Zoning By-law. Staff concur however these uses should be utilizing the new terminology, that is for "conservation use", the equivalent term is now "environmental preserve and education area"; for "forestry use", the new term is "forestry operation"; and for” home occupation”, the term has been changed to “home-based business”.

Modify exception [275r] to add the  following uses after "agricultural use":

- environmental preserve and education area

- forestry operation

- home-based business

5

Purpose Statements

AG and RU zones

The Official Plan sets out the conditions under which severances are permitted.  Some of the rural subzones in the Comprehensive Zoning By-law reflect the lot sizes of existing lots, and this has caused some confusion amongst the public, as the Official Plan requires larger lot sizes when severances are contemplated. To help the public understand better the lot sizes identified in the Comprehensive Zoning By-law, and the lot sizes required for the creation of new lots in accordance with the Official Plan, a note will be placed in the appropriate place in the AG - agricultural and RU - rural countryside zones to ensure the public refers to Official Plan policy with respect to severance policy.

That Table 211  - AG Zone Provisions be amended by adding after the "0.2" in "(b) Minimum lot area (ha)" under column "IV - Other uses", the followings words "see provision 6 below"

That Section 211 be amended to add a new provision 6 as follows:

(6) The minimum lot area stated reflects that of many existing smaller sized lots.  New residential lot severances are only permitted for an existing residence made surplus to a farming operation, as per Official Plan requirements, and as such will have a minimum lot area of  0.4 ha.

That Table 227 - RU Zone Provisions be amended by adding after the "0.8" in "(b) Minimum lot area (ha)" under column "IV - Other uses", the followings words "see provision 6 below"

 

 

That Section 227 be amended to add a new provision 6 as follows:

(6) The minimum lot area for a lot created by a consent application (severance process) is guided by Official Plan policy that requires a minimum lot area of 0.8 ha for the severed lot and 10.0 ha for the retained lot.  One lot severance only is permitted.

 

6

6139 Perth Street (Village of Richmond)

Rezone the eastern portion of this site to VM4 - Village Mixed Use to eliminate an anomaly that exists under both the former Goulbourn and new Zoning By-laws (lands are now zoned RI4- Rural Institutional, but have been approved for residential development). The remainder of the site is zoned VM4.

Change the zoning map to rezone the lands from RI4 to VM4

7

1589 John Quinn Road

A small area of land that was originally part of a subdivision’s open space buffer (riding path) was sold to the owner of the adjacent property at 1589 John Quinn Road by the former Township of Osgoode. Consequently, this small area of land was intended to be used in conjunction with the dwelling and should be in the same RR2[41r] zone as the dwelling, instead of in an O1[41r] zone as is the remainder of the buffer

Change the zoning map to rezone the lands from O1[41r] to RR2[41r]

8

1156 Jinkinson Road

Henderson Quarry is licensed, and the license and rezoning applications were supported with an EIS. Consequently, the holding symbol and conditions have been fulfilled and are no longer required and the site can be placed in an ME Zone.

Change the zoning map to rezone the lands from ME[1r]-h to ME

9

2599 Stagecoach Road

Rezone lands from RR10 to RC[192r] as per motion passed at A.R.A.C. to reflect the V Zoning under the previous Osgoode Zoning By-law (an application to expand Osgoode Tire Shop to the south onto these lands has been submitted- existing business is already zoned RC[192r])

Change the zoning map to rezone the lands from RR10 to RC[192r]

10

1229 Dwyer Hill Road

Adjust the RM2[449r] zoning boundary to reflect the boundary in the former Goulbourn Zoning By-law. The Comprehensive Zoning By-law does not capture a small area of the south portion of the site.

Change the zoning map to revise the lands’ RM2[449r] southern zoning boundary to reflect former Goulbourn zoning boundary.

11

5736 Bank Street

Narrow strip of land fronting on Bank Street now zoned DR1 should be zoned ME2 as is the remainder of this lot.

Change the zoning map to rezone the lands entirely to ME2

12

RC11 Subzone, Table 218C, Row (e)

Revise the RC11 Subzone minimum corner side yard setback requirement to state "6 metres" instead of "16 metres" to correct a typographical error (6 metres reflects the former Goulbourn C- General Commercial Zone requirement)

Amend Table 218C, Row (e), minimum corner side yard setback, to state "6 metres".

13

Lands zoned Rural Residential, RR6, RR7, RR8, RR9 and RR10 subzones in Ward 5 (West Carleton)

 

See Document 3 affected maps for West Carleton

The former West Carleton Zoning By-law had a provision (Section 16d) for undersized lot areas and lot frontages, whereby minimum interior side yard requirements were smaller and maximum lot coverages larger than the former West Carleton standard RR and RL zone requirements, in order to accommodate development on smaller actual lot sizes.

While this special provision was eliminated through the creation of the harmonized new RR zones, lots were placed into subzones that generally reflected the size of existing lots.

This affects principally the RR6, RR7 and RR 8 zones, and to a lesser extent the RR9 and RR10 subzones in West Carleton. Regardless, it is felt that it would be appropriate to just reinstate the interior side yard setbacks and lot coverages as they previously existed in former West Carleton RR and RL zones.

It should be noted that while the interior side yard requirement will be reduced and maximum lot coverage will increase, the front yard and corner side yard setbacks will retain the smaller harmonized setbacks for the front yard and corner side yard, and in one case, for the rear yard. The reason for this is that many of these lots are affected by the larger watercourse setback in former West Carleton that now applies city wide, and the harmonized front yard, corner side yard and rear yard is less than what it was under former West Carleton, thus providing more flexibility for building siting in order to meet the 30 or 15 metre watercourse setback.

Create a new RR13 subzone which is identical to the RR6 subzone except that:

- the minimum front yard setback is 9 m

- the minimum interior side yard setback is 3 m

- the maximum lot coverage is 20%

 

Create a new RR14 subzone which is identical to subzone RR7 except that:

- the minimum interior sideyard setback is 3 m

- the maximum lot coverage is 20 m

Create a new RR15 subzone which is identical to the RR8 subzone except that:

- the minimum interior side yard setback is 3 m

-  maximum lot coverage is 20 %

 

Create new RR16 and RR17 subzones which are identical to the RR9  and RR10 subzones respectively, except that:

-  the maximum lot coverage is 20%

 


 

14

2880 Barlow Crescent

The floodplain overlay on this property is incorrect as changes in grading were made to the property many years ago. The Mississippi Valley Conservation Authority has advised that the overlay should be modified to reflect the existing floodplain.

Modify the floodplain overlay on the zoning map, as shown on the map on Document 3.

15

Part Lot 2, Concession A

North Gower

These lands contain three zone categories.  The first, and largest part of the parcel, is zoned DR1.  Mud Creek runs along the width of the lot and is zoned EP.  Beyond the EP zone is the small area which provides all of the frontage.  This easterly part of the lot was zoned residential along with the remainder of the subdivision within which the lands are located.  In drafting the new zoning by-law, these easterly lands were omitted from the residential zone, V1G[557r], in error.

Amend the zoning map to rezone the most easterly portion of the lot containing the lot frontage, from DR1 to the V1G[557r] zone.

 

 

16

4380 Trail Road

This parcel is the remnant piece of a conveyance that occurred in 1967 in violation of the severance provisions under the Planning Act for which the owner cannot be presently found.  A certificate of validation is being sought to legalize the larger parcel that was conveyed.  In order to be able to clearly proceed with this application, the remnant and larger parcel should comply with zoning.  By rezoning the smaller parcel to open space, it will be in compliance as there is no minimum lot size.  At such time as a development proposal comes forward, likely involving adjacent lands, the remnant parcel can be rezoned.

 

Change the zoning map to rezone the lands to O1

 


LANDS AFFECTED MAPS                                                                                      DOCUMENT 3

 

Location Maps

 

3200 Walkley Road

3702 Prince of Wales Drive

Sawmill Creek, from the Rideau River to Hunt Club Road

1018 Marconi Avenue

348 Woodroffe Avenue

4101 and 5025 Innovation Drive

Part of 1941 Ogilvie Drive

15 Frank Nighbor Place, 737 and 777 Silver Screen

8, 10, 12, 14 Nairn

260 Sunnyside Avenue

2636 Mac Street

Mer Bleue Road at Proposed Blackburn Bypass Extension

200 Besserer Street

Stittsville Main Street

1491 Stittsville Main Street

2298 Midway Avenue

Rahul Crescent, Kochar Drive, Prince of Wales Drive

775-795 March Road

2844 Ahearn and 2805 Carling

1645 and 1665 Russell Road

4784 and 4786 Bank and 500 White Alder

4275 and 4279 Innes Road

1324 to 2057 Old Carp Road

6139 Perth Street

1589 John Quinn Road

1156 Jinkinson Road

2599 Stagecoach Road

1229 Dwyer Hill Road

5736 Bank Street

RR6 to RR10 zones Ward 5 (5 maps)

2880 Barlow Crescent

Part of Lot 2, Concession A, North Gower

4380 Trail Road





Planning and Environment Committee

extract of DRAFT

Minutes 45

25 november 2008

 

Comité de l’URBANISME et

de l’ENVIRONNEMENT

extrait dE L’ÉBAUCHE Du

ProcÈs-verbal 45

25 novembre 2008

 

 

 

 

 

 

COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTION - THIRD REPORT

RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – TROISIÈME RAPPORT

Acs2008-ICS-PLA-0224                                   CITY-WIDE/À L’ÉCHELLE DE LA VILLE

 

(This matter is subject to Bill 51)

 

John Moser, General Manager of Planning and Growth Management, Richard Kilstrom, Manager of Community Planning and Design, David Leclair, Planner III, and Tim Marc, Senior Legal Counsel, responded to questions from members explaining the following points:

·        4401 Fallowfield Road is situated in Barrhaven Ward.

·        The technical amendment for 6030 Voyageur Drive is required to recognize the existing institutional use of the lands to allow a daycare within the school.  There are timing issues associated with the issuance of a building permit for the daycare.

·        Concerning 613 Hazeldean Road, the current review of the floodplain does not have an impact, as the application went before the Ontario Municipal Board (OMB) after the events surrounding Kanata West.  The Board was advised of the outstanding issues and approved the amendment. 

·        With respect to the exceptions for 1332 Stittsville Main Street, the current owner of the property would not be affected by the changes at this time, as the regulations are well within what is presently on  site.

·        On the issue of 20 Frank Nighbor, a provision exists for structures to be at least 0.3 metres above regulatory flood level.

 

Adam Thompson, Novatech Engineering Consultants Ltd. spoke in support of the report and requested that Item 9 (4101 and 5025 Innovation Drive) of Document 1 be brought forward in a separate by-law, in order to avoid appeals of other elements of the anomalies report.

 

Mr. Marc indicated a separate by-law could be done and the Committee directed accordingly.

 

Kristi Ross and Miguel Tremblay, on behalf of Riotrin Properties (Hazeldean) Inc., addressed points raised in their submission dated November 24, 2008 with respect to 1613 Hazeldean Road.  Mr. Tremblay requested that the by-law also refer to 585 and 5601 Hazeldean Road. 

He indicated they support the text amendments from staff dealing with the floodplain and flood proofing issues.  He specifically focussed on three elements:

·        Riotrin has appealed the “one lot for zoning purposes” provision to the OMB.  The language in the previous Goulbourn Township by-law should be carried forward for all three properties.

·        The Board is also seized with the maximum parking provisions of Section 103, which conflict with the land arrangements in place.  The previous approvals did not have maximum parking provisions.

·        The detailed concept plan and Site Plan showed a side yard landscaped buffer of 2.5 metres; however, the new by-law provides for 3 metres.  To avoid minor variances, this should be corrected.

 

Later, Mr. Leclair advised that staff do not object to the first and third concerns outlined above.  Mr. Kilstrom suggested that staff could review the recommended changes as part of the next report and Committee directed accordingly.

 

Ted Cooper touched on 20 Frank Nighbor and 613 Hazeldean, as raised in his submission received on November 24, 2008:

·        The corrections involve the elimination of the flood fringe, as by-law 2008-250 does not show approximately two hectares of floodplain that existed in documents included in the submission. 

·        The Ministry of Transportation was informed of the omissions in by-law 2008-250.  Brian Gaston, Assistant Deputy Minister, wrote the following in a letter dated November 12, 2008: “In light of the on-going Third Party Review of hydrologic and hydraulic modelling, MTO considers any changes to the flood line in the vicinity of the Highway 417 bridges to be premature and is following up this issue with the City of Ottawa.”

·        Changes to the area specific provisions of Section 58 of by-law 2008-250 need to be made to recognize the flood fringe zone at 20 Frank Nighbor and 613 Hazeldean. 

 

In response to questions from Councillor Holmes, Mr. Cooper reiterated his recommended changes to the Comprehensive Zoning By-law to deal with area specific provisions (Section 58) subject to flood fringe 20 Frank Nighbor and 613 Hazeldean.  Councillor Doucet undertook to present a motion in this regard.

 

Greg Winters, Novatech Engineering, on behalf of 764703 Ontario Inc, spoke in support of staff’s proposed corrections in relation to 20 Frank Nighbor.  He recalled that an application came forward in 2002 to rezone the subject property as a two-zone flood way and flood fringe in response to the Carp River Sub-Watershed Study and a City of Kanata Official Plan Policy that permitted a two-zone approach for the Carp River and this property.  The staff report at the time noted that the Carp River Watershed Study was reviewed and a comprehensive analysis of this reach was undertaken, which supported two-zone planning.  Mr. Winters added that the Mississippi Valley Conservation Authority approved and accepted this approach. 

In 2004, an application to add a department store as a permitted use was delayed due to traffic issues and an OMB hearing, but was later approved in 2007. 

The City of Ottawa correctly noted in the Comprehensive Zoning By-law a flood plain overlay along the hazard portion of the Carp River.  The flood fringe provisions were mistakenly not included.  Mr. Winters expressed support for the corrections noted as Item 11 in Document 1.  He clarified that 20 Frank Nighbor is not included in the Kanata West area and not subject to the bump up request.  He reiterated that no development is permitted within the flood plain, which is consistent with the Provincial Policy Statement.  Portions of the building located within the flood fringe are permitted and must be flood-proofed to 0.3 metres above the regulatory flood level.

 

Councillor Doucet presented the following motion:

 

Be it resolved that 613 Hazeldean Road and 20 Frank Nighbor Road be included as area specific zones in Section 58 in the Comprehensive Zoning By-law 2008-250.  Be it further resolved that staff be requested to keep Committee informed regarding MTO’s concerns about the flood plain.

 

Following advice from Senior Legal Counsel, Chair Hume ruled the motion out of order as it was not an anomaly or in keeping with the nature of the report.  Councillor Doucet agreed instead to a staff direction to review the matter as part of the next anomalies report, scheduled for February 2009.  It would allow for public notification of interested parties to address those concerns.

 

Moved by B. Monette:

 

That 6030 Voyageur Drive be rezoned from 01–Parks and Open Space to School and Daycare to recognize the existing school and daycare use of the lands.

 

That there be no further notice pursuant to Section 34(17) of the Planning Act.

 

                                                                                                CARRIED

 

That Planning and Environment Committee recommend that Council approve:

 

1.         The amendments recommended in Column 4 of Document 1, to correct anomalies in Zoning By-law 2008-250.

 

2.         The rezoning of 6030 Voyageur Drive from 01–Parks and Open Space to School and Daycare to recognize the existing school and daycare use of the lands.

 

                                                                                                CARRIED as amended

 


DIRECTIONS TO STAFF

 

1.         That staff review the submission dated November 24, 2008 from FoTenn Consultants, on behalf of Riotrin Properties (Hazeldean) Inc., dealing with 613, 5585 and 5601 Hazeldean Road, as part of the next report scheduled for February 2009 should the concerns addressed therein be deemed an anomaly or error.

2.         That staff determine, as part of the next anomalies report scheduled for February 2009, if the inclusion of 613 Hazeldean Road and 20 Frank Nighbor Road can be included as area specific zones in Section 58 of by-law 2008-250.  That staff keep Planning and Environment Committee informed regarding Ministry of Transportation concerns about the floodplain.

3.         That Legal Services staff bring forward Item 9 (4101 and 5025 Innovation Drive) of Document 1 in a separate by-law.

 


 

COMPREHENSIVE ZONING BY-LAW 2008-250 ANOMALIES AND CORRECTIONS - THIRD REPORT

RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – TROISIÈME RAPPORT

ACS2008-ICS-PLA-0224                                    CITY WIDE/À L'ÉCHELLE DE LA VILLE

 

Councillor Thompson presented two motions, explaining that the owner of 1337 Remington Way in the Village of Greely bought the property and intends to build an accessory building.  When applying for the building permits, he realized the zoning had changed because of the new by-law. 

 

David Leclair, Planner III, explained that the by-law provision was a result of harmonization and advised that staff had not objection to this amendment.

 

Moved by Councillor Thompson,

 

WHEREAS the former Township of Osgoode Zoning By-law 2003-230 permitted accessory buildings with a floor area equal to up to 10 per cent of the total lot area;

 

AND WHEREAS the new comprehensive Zoning By-law 2008-250 now limits the size of accessory buildings to a maximum cumulative gross floor area of 55 m2;

 

AND WHEREAS the owner of the subject lands has already designed and initiated site preparation for an accessory building (hobby workshop) which exceeds 55 square metres in area;

 

AND WHEREAS it would constitute an unreasonable hardship for the property owner to now adjust the building to comply with Zoning By-law 2008-250;

 

THEREFORE BE IT RESOLVED that 1337 Remington Way be rezoned from VII to VII with a new exception to permit an accessory building with a maximum gross floor area of 101 square metres.

 

That there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

                                                                                                CARRIED

 

In reference to 4612 Albion Road, Councillor Thomspon explained that a church in Toronto was interested in buying this property.  They finalized the deal according to the previous zoning and consulted with City staff. 

 

Mr. Leclair advised that staff had no objection to this anomaly.

 

Moved by Councillor Thompson,

 

WHEREAS the former City of Gloucester Zoning By-law 333-1999 permitted a place of worship under the Re3 Zoning of the lands known municipally as 4612 Albion Road;

 

AND WHEREAS the new comprehensive Zoning By-law 2008-250 does not permit a place of worship in the RU[297r] zoning of this site;

 

AND WHEREAS the property was purchased and plans developed to accommodate a place of worship;

 

AND WHEREAS it would be unreasonable to now prohibit a land use that was previously permitted and for which considerable planning and expense has been incurred;

 

THEREFORE BE IT RESOLVED that 4612 Albion Road be rezoned to add “place of worship” as an additional permitted land use of the site.

 

That there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

                                                                                                CARRIED

 

That Agriculture and Rural Affairs Committee recommend that Council approve:

 

1.         The amendments recommended in Column 4 of Document 2, to correct anomalies in Zoning By-law 2008-250;

 

2.         The rezoning of 1337 Remington Way from VII to VII with a new exception to permit an accessory building with a maximum gross floor area of 101 square metres;

 

3.         The rezoning of 4612 Albion Road to add “place of worship” as an additional permitted land use on the site.

 

                                                                                                            CARRIED as amended