|
7. COMPREHENSIVE ZONING BY-LAW
2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (THIRD REPORT) règlement général de zonage 2008-250 : appels à la commission des
affaires municipales de l’ontario (TROISième rapport) |
Committee recommendation as
amended
(This
matter is subject to Bill 51)
That Council approve the amendments
recommended in Column 4 of Document 1, to resolve certain appeals to By law
2008-250, and forward a by-law incorporating the required amendments to the
Ontario Municipal Board, excluding Appeal 19, which was referred back to
staff.
RECOMMANDATION MODIFIÉE DU COMITÉ
(Cette demande
est assujettie au Règlement 51)
Que
le Conseil approuver les modifications recommandées dans la Colonne 4 du
Document 1 afin de résoudre certains appels du Règlement 2008-250 et de
transmettre un règlement incorporant les modifications requises à la Commission
des affaires municipales de l’Ontario, à l’exception de l’appel 19 qui a été
renvoyé au personnel.
Documentation
1.
Deputy
City Manager’s report, Infrastructure Services and Community Sustainability
dated 27 March 2009 (ACS2009-ICS-PLA-0062).
2. Extract
of Draft Minute, 14 April 2009.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
March 27, 2009/le 27 mars 2009
Submitted
by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe,
Infrastructure Services and Community
Sustainability
Services d’infrastructure et
Viabilité des collectivités
Contact Person/Personne ressource :
Richard Kilstrom, Manager/Gestionnaire, Policy Development and Urban
Design/Élaboration de la politique et conception urbaine, Planning and Growth
Management/Urbanisme et Gestion de la croissance
(613)
580-2424 x22653, Richard.Kilstrom@ottawa.ca
REPORT
RECOMMENDATION
That Planning and Environment Committee recommend that Council approve the amendments recommended in Column 4 of Document 1, to resolve certain appeals to By law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board.
RECOMMANDATION DU RAPPORT
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 résoudre
certains appels du Règlement 2008-250 et de transmettre un règlement
incorporant les modifications requises à la Commission des affaires municipales
de l’Ontario.
BACKGROUND
On June 25, 2008 City Council adopted the new Comprehensive Zoning By-law 2008-250 that affects all properties within the City of Ottawa. By-law 2008-250 replaces the 36 zoning by laws of the former municipalities that were amalgamated in 2001. A total of 76 appeals were received, however 16 were disqualified, as the appellants had not made any submissions on the Comprehensive Zoning By-law prior to its adoption.
A first pre-hearing of the Ontario Municipal Board was held from October 20 to 23, 2008. The Ontario Municipal Board dealt with a number of matters, including a precedent making decision confirming the right of the City to determine that an appeal was invalid if no submissions were made. As well it approved the un-appealed parts of By-law 2008-250 so as to simplify administration of both former Zoning By-laws and the comprehensive Zoning By-law until all appeals to By-law 2008-250 have been dealt with. It also considered and approved a number of changes to the by-law, which were recommended by staff in an appeals report approved by City Council on October 8, 2008, in order to deal with all or part of four specific appeals. The February 25, 2009 pre-hearing of the Ontario Municipal Board was held primarily to establish hearing dates for certain appeals.
DISCUSSION
Staff are continuing to review the appeals and meet and negotiate with appellants. A number of modifications to By-law 2008-250, that are acceptable and consistent in the approaches used through the harmonization process, have been identified in order to attempt to resolve four additional appeals. These items are outlined in Document 1, with the recommended changes indicated in Column 4.
These recommendations have been discussed with the appellants who are in agreement with the negotiated resolution. The objective is to bring the associated by-law to the next pre-hearing of the Ontario Municipal Board which is to be held on May 8, 2009.
CONSULTATION
Appellants affected by the changes noted in Documents 1 and 2 have been notified of the public meeting.
LEGAL/RISK MANAGEMENT IMPLICATIONS:
These recommendations, if carried, will allow the resolution of certain appeals presently before the Ontario Municipal Board.
FINANCIAL IMPLICATIONS
N/A
SUPPORTING DOCUMENTATION
Document 1 List of Changes to Zoning By-law 2008-250 for consideration by Planning and Environment Committee
Document 2 Site-specific Lands Affected Maps
DISPOSITION
Infrastructure Services and Community Sustainability Department to prepare the implementing by-law and forward to City Manager’s Office, Legal Services.
Legal Services to bring forward report and by-law to the Ontario Municipal Board.
LIST OF CHANGES TO ZONING BY-LAW
2008-250 FOR CONSIDER-
ATION BY PLANNING AND ENVIRONMENT COMMITTEE DOCUMENT
1
|
1 Name of Appellant and Summary of Appealed
Provision/ Lands |
2 Reason for Appeal |
3 Staff Position |
4 Proposed Amendment |
|
Appeal # 12 Ward 1 900 Watters Road Trim Road Land Holdings Ltd. and Canada
Mortgage and Housing Corporation |
Appellant has stated that the zoning
under By-law 2008-250, LC5 [1362] (18.3),
does not reflect the previous zoning for the property and creates a
legal non-conforming situation with regard to gross leaseable floor area. In addition, appellant states that By-law
2008-250 removes “Animal care establishment”, “Restaurant, full- service” and
“Small batch brewery” from the list of permitted uses. These uses were permitted in the former
zoning, CN-X1, under the former Cumberland Zoning By-law 1-84. |
Staff agree that the zoning should be
amended as it is anomalous. The LC
(Local Commercial) zone was applied to areas of former Cumberland that were
zoned CCN (Commercial Convenience Neighbourhood). The property at 900 Watters Road was zoned CN-X1 (Commercial
Neighbourhood) and therefore should have been zoned GM (General Mixed-Use)
rather than LC. |
Rezone lands from LC5 [1362] H(18.3) to
GM [1362] H(18.5). Regarding
exception 1362, Column II, replace LC5 [1362] H(18.3) with GM [1362] H(18.5);
in Column III, Additional Land Uses Permitted, remove the uses “Animal
hospital”, “Instructional facility” and “Restaurant, fast- food”, as these
uses are already permitted in the GM zone.
“Animal care establishment”, “Restaurant, full-service” and “Small
batch brewery”, the remaining uses requested by the appellant, are also
permitted uses in the GM zone. Regarding exception 1362, amend column V,
Provisions, by adding, - minimum front yard setback: 20 m |
|
Appeal #19 Ward 4 499 Terry Fox Drive Signature
Centre Ltd. |
Appellant requests
that the zoning for their property, GM [221] H(11), be amended to include the
uses: -animal care
establishment -animal hospital -convenience store -drive-through
facility -instructional
facility -restaurant,
fast-food -service and repair
shop -small batch brewery |
Amend Column IV, Land Uses
Prohibited, of exception 221 by adding, “Convenience store”, “Instructional facility”, “Service and
repair shop” and “Small batch brewery”.
As Column IV, Land Uses
Prohibited, states that all uses are prohibited except for those uses listed,
adding the above uses will have the effect of permitting them. |
|
|
Appeal #21 Ward 9 15 Colonnade Road Colonnade
Developments Inc. |
The appellant states
Area A, that portion of the property zoned AM F(2.0) H(20) along Merivale
Road, should not be subject to the height suffix H(20). The appellant also
states that the zoning for Area B, GM [292] F (0.65) H(20), implements
policies of the former Nepean Official Plan which are out of date. For this
reason the appellant requests an increase in height and FSI. |
Staff concur that it
is appropriate for the height limits in the standard AM zone (25 metres where
not abutting a residential zone) to apply to this property rather than the
height suffix of 20 metres. Regarding Area B,
which is zoned GM [292] F (0.65) H(20), staff concur that changing the FSI to
1.5 would be appropriate while maintaining the height limit of 20 metres to
reflect the approach used in the new Zoning By-law with respect to height and
FSI in the GM (General Mixed-Use) zone.
Staff note that there is an error in Column II of exception 292
regarding the FSI. The FSI should read,
F(0.65), as shown on the zoning map, rather than F(0.4) Further, staff have
identified that the holding symbol that was included in the former Nepean
zoning and is included in the wording of exception 292 was not reflected on
the zoning map and should be reinstated on the entire property. |
Amend the zoning of
Area A from AM F(2.0) H(20) to AM [****] –h Create and apply new
exception [****], inserting AM[****]
in Column II, Applicable Zone. In
Column V, Provisions, insert, - uses not permitted until the “h” symbol
has been removed Amend the zoning of
Area B from GM [292] F(0.65) H(20) to GM [292] F(1.5) H(20) –h Regarding exception
292, delete from Column II, Applicable Zone, the following, GM [292] F(0.4)
H(20) Add to Column II,
Applicable Zone, of exception 292 the following, GM [292] F(1.5)
H(20) –h |
|
Appeal #23 Ward 8 3685 and 3775 Richmond Road Bells Corners Properties Ltd. |
Part of the site fronting on Richmond
Road should be zoned AM instead of IP1 to reflect the Arterial Mainstreet
Official Plan designation of Richmond Road, as was shown in the March 2008
version of the draft zoning by-law. |
Staff agree to rezone lands to AM H(22)
to reflect the location on an Arterial Mainstreet and to acknowledge the
height permitted under former Nepean MP Zone. Although site is deeper than
other lots in area, this is a natural boundary for the AM zone as the rear
property line coincides with the Stafford Road access. As well, the existing
office building extends full length of the lot, so any other boundary would
run through the middle of the building. |
|
|
Appeal #24 Ward 8 300-320 Moodie Drive Colonnade
Development Incorporated |
Requesting that the
use hotel not be prohibited on the lands at 300-320 Moodie Drive. |
Staff concur
that Exception [1530] was created to
reflect the fact that the former Nepean Zoning By-law 100-2000 did not permit
a hotel along lands abutting a portion of Moodie Drive, Fitzgerald and
Stafford Roads, encompassing the business park. However, the new
parent IP zone does permit the use.
Because of this permission, there is no substantive reason to prohibit
a hotel on this site which fronts onto an Arterial Road. It is recommended that exception [1530] be
deleted on the affected property. |
Rezone 300-320
Moodie to IP, removing the Exception
[1530] from the zoning map. |
SITE-SPECIFIC
LANDS AFFECTED MAPS DOCUMENT 2
|
Location (maps attached) |
|
900 Watters Road |
|
15 Colonnade Road |
|
3685 and 3775 Richmond Road |
|
300-320 Moodie Drive |
