13. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - EIGHTH REPORT

RÈGLEMENT DE ZONAGE GÉNÉRAL NO 2008-250 : ANOMALIES ET CORRECTIONS MINEURES - HUITIÈME RAPPORT

(This matter is subject to Bill 51)

Planning and environment Committee recommendation as amended

That Council approve the amendments recommended in Column 3 of Document 1, to correct anomalies in Zoning By-law 2008-250, as amended in items 16 and 28, and by adding item 29.

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

Agriculture and Rural Affairs Committee recommendation

That Council approve the amendments recommended in Column 3 of Document 2, to correct anomalies in Zoning By-law 2008-250.

(Cette question est assujettie au Règlement 51)

Recommandation MODIFIÉE DU Comité de l’urbanisme et de l’environnement

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver les modifications recommandées dans la Colonne 3 du document 1 afin de corriger des anomalies dans le Règlement de zonage 2008-250 au moyen des modifications contenues aux points 16 et 28 et par l’ajout du point 29.

Qu’aucun autre avis ne soit donné, conformément au paragraphe 34 (17) de la Loi sur l’aménagement du territoire.

Recommandation DU ComitÉ de l’agriculture et des questions rurales

Que le Conseil approuve les modifications recommandées dans la Colonne 4 du Document 2 afin de corriger des anomalies dans le Règlement de zonage 2008-250.

Documentation

1. Deputy City Manager's report Infrastructure Services and Community Sustainability dated 31 July 2009 (ACS2009-ICS-PGM-0153).

2. Planning and Environment Committee, Extract of Draft Minutes 58, dated 25 August 2009.

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

31 July 2009 / le 31 juillet 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 Élaboration de la politique et conception urbaine

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

City Wide/à l'échelle de la Ville

Ref N°: ACS2009-ICS-PGM-0153

SUBJECT:	COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - eightH REPORT

OBJET :	RÈGLEMENT DE ZONAGE général n^o 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – huitIÈME RAPPORT

REPORT RECOMMENDATIONS

1. That Planning and Environment Committee recommend that Council approve the amendments recommended in Column 3 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 3 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 3 du document 1 afin de corriger des anomalies dans le Règlement de zonage n^o 2008-250;

2. Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications recommandées dans la colonne 3 du document 2 afin de corriger des anomalies dans le Règlement de zonage n^o 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 has 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

Documents 1 and 2 provide staff recommendations to Planning and Environment Committee and Agriculture and Rural Affairs Committee on the identified anomalies, and include details of the recommended amendments in the urban area in Column 3 of Document 1, and amendments to the rural or greenbelt areas in Column 3 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 that were not accurately reflected in the Comprehensive Zoning By-law.

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 individual mail.

LEGAL/RISK MANAGEMENT IMPLICATIONS

The changes addressed this report are items of a routine nature. There are no Legal/Risk Management implications.

FINANCIAL IMPLICATIONS

There are no direct financial implications associated with this report.

SUPPORTING DOCUMENTATION

Document 1 List of Anomalies and Modifications to Zoning By-law 2008-250 for consideration by Planning and Environment Committee (amended)

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

Planning and Growth Management Department to prepare the implementing by-law and forward it to Legal Services who will then forward the by-law to City Council.

LIST OF ANOMALIES AND MODIFICATIONS TO ZONING

BY-LAW 2008-250 FOR CONSIDERATION BY PLANNING

AND ENVIRONMENT COMMITTEE AMENDED DOCUMENT 1

Item No.	Objective of Amendment	Proposed Amendment
1. Grenwich Circle and Whitestone Drive Ward 16	Clarification is required to confirm whether the 6.0 metre setback requirement applies for all rear yard setbacks within the subzone, or, if the 6.0 metre setback applies to only those rear yards that abut an EP zone.	Amend Column V of Exception [515] by deleting the words, “-minimum setback of 6 m from EP zone and the rear lot line”. Amend Column V of Exception [515] by adding the words, “-minimum required setback of 6 m from any lot line abutting an EP zone -minimum required rear yard setback is 6 m”.
2. 79 Whitestone Drive Ward 16	The zoning boudary between the R1S [515] and R2U [553] subzones should be amended so that it follows a property line, rather than being located through the middle of the lot located at 79 Whitestone Drive.	Rezone part of 79 Whitestone Drive from R1S [515] to R2U [553]. This will result in the zoning boundary being located along the property line between 81 Whitestone Drive and 79 Whitestone Drive as shown in Document 3.
3. 81 Somerset Street Ward 14	Typographical error on zoning maps. RVS[478] should be R4S[478].	Amend the zoning map to indicate the subject lands as R4S[478] instead of RVS[478] as shown in Document 3.
4. Section 9 - Transition Citywide	Amend the Transition provisions to specify that they are applicable only to completed applications submitted on or after the date of the release of the first draft of the new Comprehensive Zoning By-law on May 26, 2006. The purpose of this provision was solely to allow for a reasonable transition period for applications submitted at the time the new by-law was undergoing the formal public review process; it was not intended to give relief from the by-law to applications submitted well before the new by-law process began.	Amend Section 9(1) to change the words “was received by June 25, 2008” to state “was received on or after May 26, 2006 and on or prior to June 25, 2008” .
5. 555 and 591 March Road Ward 4	The IP6[1084] H(12) and IP6[1149] H(12) zones on these lands permit all the commercial uses allowed in the former Kanata By-law 132-93, which was amended on a site specific basis with by-law 2006-384, to a C1S(3) and C1S(4) zoning respectively, except for gar bar in the former C1S(3) zone. This should be added. As well, the section reference in the provisions is incorrect and should be revised.	Amend Column III of exception [1084] to add “gas bar”. Amend Column V of exceptions [1084] and [1149] to refer to Section 205 (2) (b) and (c) instead of 199 (2) (b) and (c)
6. 560 Rideau Street Ward 12	The TM6 [146] F(4.25) S141 zone should include an “h” holding symbol to reflect the Ontario Municipal Board decision requring site plan control approval prior to enacting the zoning.	Amend the zoning map by rezoning the subject lands from TM6 [146] F(4.25) S141 to TM6 [146]-h F(4.25) S141 as shown in Document 3. Amend Exception 146, Column II to delete “TM6 [146] F(4.25) S141” and add “TM6 [146]-h F(4.25) S(141) Amend Exception 146, Column V to add the following provision: - the “h” symbol will not be removed until site plan control approval has been granted by the City of Ottawa.
7. Parking requirement for bed and breakfast Former Ottawa and Vanier	The parking requirement for bed and breakfast for Areas A and B on Schedule 1 (former Ottawa and Vanier) is shown as 1 per dwelling unit plus 1 per guest room for the first 4 guest rooms. This should be revised to the same requirement of the former Ottawa Zoning By-law of 1 per dwelling unit and 1 for the first 4 guest rooms.	Amend Section 101, Table 101 c) Columns II and III, (Areas A and B) by deleting the existing text and replacing it with the following: 1 per dwelling unit plus 1 for the first four guest rooms plus 0.45 for each additional guest room over 4
8. 1573 Stittsville Mainstreet Ward 6	A 2000 site specific rezoning to R4-7 of the adjacent property incorrectly included 1573 Stittsville Mainstreet in former Goulbourn Zoning By-law. This residential zoning was carried forward into the new zoning by-law. The subject lands should be rezoned TM9 H(11) - Traditional Mainstreet as per the adjoining properties to the north.	Amend the zoning map to rezone the subject lands from R3Z [1002] to TM9 H(11) as shown on Document 3.
9. 100 Castlefrank 1023 Teron 35 Beaufort 710, 788, 807 March 701, 801, 907 Eagleson 60 Stonehaven 60 Sweetnam 7, 99 Kakulu 2 Goldridge 5500 Kanata 200 Katamavik Northeast Corner of Goulbourn Forced Road and Kanata Avenue Part of 425Goulbourn Forced Wards 4 and 23	The LC7 – Local Commercial zone does not permit convenience stores. As the former Kanata Zoning By-laws permitted retail stores on these LC7 sites and did not identify convenience store as a distinct use, convenience store should be added to the LC7 subzone as a permitted use. Certain LC7 subzones that only permitted a limited number of uses that excluded retail store would also exclude convenience store. Exception 220 will need to add convenience store to the list of uses that must not exceed a total of 1400 m². For Exception 1523, convenience store needs to be added to uses that are not prohibited. For Exceptions 1519 and 1524, convenience store can be deleted as an additional permitted use. Exception 227 in Column V refers to a community centre, which is not a permitted use in LC7. Column III needs to be amended to add community centre as an additional permitted use.	Amend Section 190(7), the LC7 subzone, to add “convenience store” as a permitted use; Amend Exception 220, Column V to add the words “convenience store” between “ - the total gross leasable floor area for a personal service business, restaurant full service, restaurant takeout, …” and “… retail food store and retail store must not exceed a total of 1400 m^2;” Amend Exception 1523 Column IV to add “-convenience store” Amend Exceptions 1519 and 1524 Column III to delete “- convenience store”. Amend Exception 227 to add “-community centre” as an additional permitted use.
10. 806, 812, 830, 846 March Ward 4	Exceptions 1522 and 1527 have been made redundant by a 2009 rezoning.	Delete all the text in Exceptions 1522 and 1527 so that they may be reserved for future use.
11. 804, 806, 810 Greenbank ; 10, 16 Green Street Ward 3	Exception 1419 includes a provision stating: “- the affected lands are considered as one lot for zoning purposes”. This provision was not in the former Nepean Zoning By-law and is not necessary.	Amend Column V of Exception 1419 to delete the provision: “ - the affected lands are considered as one lot for zoning purposes”.
12. 971 Richmond Road Ward 15	Exception 1373 includes “automobile dealership” as an additional permitted use for 955 and 965 Richmond Road. The former Ottawa Zoning By-law also included this additional permitted use for 971 Richmond Road as the three addresses comprise one automobile dealership. The zoning map should be amended to add Exception 1373 to 971 Richmond Road. In addition, the Ontario Municipal Board recently approved the unappealed portions of the Richmond Road/Westboro CDP Zoning By-law Amendment. The zoning of the property is now TM H(15).	Amend the zoning map to rezone the subject lands from TM H(15) to TM [1373] H(15) as shown in Document 3.
13. London Terrace/Mart Circle Area Ward 13	The schedule number does not appear on the zoning map for the London Terrace/Mart Circle area covered by Schedule 185. Schedule 185 should be added to each of the affected zoning codes. Maximum building heights are included in Schedule 185 and thus do not need to appear on the zoning map.	Amend the zoning map by rezoning the subject lands from: - R5B [800] H(11) and R5B[800] H(19) to R5B [800] S185; - R5B [1553] H(19) to R5B [1553] S185 as shown in Document 3.
14. 55 Laurier Avenue East Ward 12	The University of Ottawa had a shared parking provision that applied to the subject lands under the former Ottawa Zoning By-law. That provision should be carried forward by adding it to Exception 111.	Amend Column V of Exception 111 to add the following provision: “- all required parking spaces, for a post-secondary institution, may be located in any part of the I2A[347] F(3.0), I2E[1377] F(3.0), I2E [1376] S232, I2A [1378] S232, MD[111] S67 and LC2 zoned lots located within the University of Ottawa.”
15. Exception 1532	Exception 1532 in Column II refers to two zones: IL2 [1532]H(14)-h and IL4 [1532] H(14)-h. It should only apply to the IL2 [1532] zone H(14)-h zone.	Amend Exception 1532 Column II to delete “IL4 [1532] H(14)-h”.
16. 720 Silver Seven Road Exception 1612 Ward 23	The provisions of Exception 1612 need to be amended as they do not fully capture the intent on of the applicable former Kanata Zoning By-law with regard to the definition of a retail store, actual minimum width of landscaped buffer and restrictions on permitted uses before the “h” symbol is removed by City Council.	Amend Exception 1612 as follows: Column III - add “without any limitations on the types of products offered for sale” after “ - retail store”; Column V add the words shown in italics to the existing provision so it would read: “ - minimum width of landscaped buffer between a parking lot and lot line abutting the lot line that coincides with the boundary between Lots 1 and 2, Concession 2 of the Geographic Township of March: 4.5 m”; delete “- height for all uses excluding, those listed in subsection 203(1) is limited to 11m” and replace with “- maximum height for retail store is limited to 11m” delete the text “ all uses, excluding those listed in Section 203(1), retail store and shopping centre are not permitted…” and replace with “retail store and shopping centre are not permitted…” ...
17. General Parking Provisions – handicaped access Section 100 (7) Citywide	Provide clarification to confirm that if a parking space is eliminated as a result of providing handicap access to an existing building, the use for which the parking is provided is to be treated as though it meets the parking requirements of the by-law.	Amend Section 100 by adding, the following provisions as subsection 10, “Where one parking, queuing or loading space required by this by-law or a predecessor to this by-law is eliminated as result of providing barrier-free access to a building existing as of June 25, 2008, the use for which the parking, queuing or loading space is provided is to be treated as though it meets the requirements of this by-law or a predecessor to this by-law immediately prior to the elimination of the parking, queuing or loading space.” Amend Section 100 by adding the following provision as subsection 11, "Despite subsection 100(10), a parking space may only be eliminated to enable barrier-free access to a use within a building where at least one parking space continues to be provided for that use." Amend Section 100 (7) by adding the words, “or predecessor by-law”, following the words, “Despite subsection (1), where a motor vehicle parking space required by this By-law”. Amend Section 60 (5) (c) by adding, “except for the exemption provided in Section 100 (7) and Section 100 (10)”, after the words, “Nothing in this subsection applies so as to permit the elimination of a parking space required on the day prior to the enactment of this by-law”.
18. 160 and 164 Mafeking Avenue Ward 13	These lots, which contain detached dwellings and were zoned residential under the former City of Ottawa Zoning By-law, are located in an L1-Community Leisure Facility Zone. They should instead be zoned R1PP as is the surrounding residential area.	Rezone 160 and 164 Mafeking Avenue from L1 to R1PP, as shown in Document 3.
19. Henri Lauzon/ Forestcrest Area Ward 2	This area is shown on the zoning map as R3VV [708], but as R3Y [708] in the Exceptions table. R3VV and R3Y have similar provisions, the major difference being a minimum 3 metre front yard setback for townhouses in the R3VV zone and a minimum 5 metre setback in the R3Y zone. As the former Gloucester Zoning By-law had a minimum front yard setback of 5 metre and all the townhouses built in the area have a minimum 5 metre setback, the zoning map should be amended from R3VV [708] to R3Y [708].	Amend the zoning map to rezone the subject lands from RVV [708] to R3Y [708] as shown on Document 3.
20. Temporary Uses, Buildings Or Structures During Construction - Section 71 Citywide	Clarify that Section 71 is also intended to apply to special events.	Amend the title of Section 71 by adding, “Or Special Events”, following the words, “Temporary Uses, Buildings Or Structures During Construction”. Amend Section 71 (1) by adding, “or special events”, following the words, “Despite any provision to the contrary, the following temporary buildings, structures or equipment are permitted in any zone, except an EP zone, during a period of construction”. Amend Section 71 (1) (a) by adding, “or special event”, after the words, “the use of land or the use or erection of a temporary building, structure or equipment essential to the construction”.
21. Area generally bounded by Premier Avenue on the south, Northwestern Avenue on the east, Pontiac Street on the north and Cowley Avenue on the west. Ward 15	As a result of a mapping error the zoning standards for Area B, as shown in Schedule 1 of the former Ottawa Zoning By-law, were applied to this R2F subzone. This area was actually located in Area A, as shown in Schedule 1 of the former Ottawa Zoning By-law, and the zoning standards for that Area should be have been carried through in the new zoning.	Amend the zoning map by rezoning the subject lands from R2F to R2D as shown on Document 3.
22. Table 55 (7) – Accessory Uses, Buildings and Structures Citywide	The term “floor area” should be substituted for “gross floor area” in this provision, regarding maximum size of an accessory building. By definition, “gross floor area” excludes common storage areas that are accessory to the principal use of the building, bicycle parking and motor vehicle parking. The more general term, “floor area”, will permit the intent of this provision to be properly implemented.	Amend Column II of Table 55 (7) by adding the words, “as measured from the exterior walls of the building”, after the words, “Aggregate of all accessory buildings not to exceed a lot coverage of 50% of the yard in which they are located, with a maximum cumulative gross floor area of 55 m²”. Amend Column II of Table 55 (7) by deleting the word “gross” from the phrase, “Aggregate of all accessory buildings not to exceed a lot coverage of 50% of the yard in which they are located, with a maximum cumulative gross floor area of 55 m²”.
23. Section 239 – Urban Exceptions and Section 240 – Rural Exceptions Citywide	The use of the term “mulitple use” in Column II – Applicable Zone of Table 239 and Table 240 has caused some confusion regarding its interpretation. In order to clarify the intent, the word “use” should be deleted from the term “multiple use” from Column II in both tables.	Amend Column II of Section 239 and Column II of Section 240 by deleting the word “use” wherever the term “multiple use” appears. Amend the introductions to Table 239 and Table 240 by deleting the word “use” from the following sentence, “The term “multiple use” utilized in Column II below indicates an exception that has been applied to several locations.”.
24. Clyde/Scout/Coleridge Area Ward 16	The R2T and R2U zones do not have a minimum interior side yard setback other than abutting a lane or a public pathway. The 0.3 metre minimum interior side yard setback of the former Ottawa Zoning By-law R2G zone should be included in the R2T and R2U zone provisions.	Amend the R2 - Residential Second Density Zone, Section 158, Table 158B Additional Zoning Provisions, Endnote 9, to add the words “0.3 m and” between “Minimum interior side yard setback is…” and “…1.2 m for any yard abutting a public pathway or public lane.”
25. Table 102 - Visitor Parking Rates – apartment buildings over 300 units Central Area and Inner City	The current visitor parking rates do not fully reflect those from former Ottawa, which were significantly lower for large apartment buildings (over 300 dwelling units) in downtown and inner city areas. Table 102 should be amended to include this reduction.	1. Amend row (a) Apartment building, Mid-High Rise; Low Rise as follows: (a) by replacing the heading “For the balance of the dwelling units” in row (a)(ii), Column I, with the heading “For the next 300 dwelling units”. (b) by adding a new row (a)(iii) which states: (i) in Column I the heading “For the balance of the dwelling units”, (ii) in Columns II and III, the word “none” and (iii) in Columns IV and V the words “0.2 per dwelling unit”
26. 3730 and 3868 Innes Ward 2	In 2007, Council adopted an Official Plan Amendment which resolved an appeal of the Official Plan Amendment 28, and which reflected a land exchange with the developer, wherein Urban Natural Feature #87 – Innes Park Woods, would be transferred to the City in exchange for other lands that would be redesignated Arterial Mainstreet. As part of the agreement, the affected lands were redesignated from Employment Area to Arterial Mainstreet and 3730 Innes Road was to extend to a depth no greater than 475 m back from the front property line fronting on Innes Road, excluding the Urban Natural Features Area woodlot. The Zoning By-law does not reflect the redesignations with the appropriate zoning. The lands fronting onto Innes Road and zoned AM [1443] must be extended 475 metres back from Innes Road – currently the depth does not extend that far back; and the area of the city-owned woodlot (Parts 1 and 2 RP 4R-22628) should be rezoned to EP.	Amend the Zoning Map to rezone 3730 Innes Road from IL2 H(14)-h to AM [1443], so that the depth of the area zoned AM [1443] extends no more than 475 m back from the front property line, excluding the Innes Park Woods; and rezone the lands, known as Part of Lots 2 & 3, Concession 3 (Ottawa Front), Parts 1 and 2 of Plan 4R-22628, zoned IL2 H(14)-h and IL 2[1532] H(14)-h to EP as shown on Document 3 .
27. Hartsmere Drive near the intersection of Arrowwood Drive Ward 6	The property in question is vacant but is owned by the Ottawa-Carleton District School Board and is intended for school development (2010-2011). However, it was erroneously zoned R1L as the future plans for the site were unknown when the zoning was applied. Consequently, it should be rezoned from R1L- Residential First Density to I1B- Minor Institutional.	Rezone the subject lands from R1L to I1B, as shown in Document 3.
28. Scotiabank Place Area Ward 6	Former Kanata Zoning By-law 125-90 allowed parking in the Scotiabank Place area to be provided on different lots than the Scotiabank Place building. As the new Zoning By-law does not include this provision, an exception is needed for the subject lands to recognize the former by-law parking provisions.	Amend the zoning map to rezone the subject lands from MC H(60) to MC [xxxx] H(60) as shown on Document 3. Add a new exception to Section 239 that specifies the following provision: “The required parking spaces for any use may be provided in a location other than the lot on which the use is located and two or more users may share joint parking facilities provided that the required parking spaces for any particular use are not located more than 150 metres from the lot on which the use is located. Notwithstanding the aforementioned, parking spaces serving the uses within an entertainment complex may be located up to 550 metres from the lot on which the use is located.”
29. South side of Clarence Street to the south side of George Street, between William Street and Dalhousie Street Ward 12	There is a typographical error on the zoning map for the MD3 S73 subzone. This area should have been zoned MD2 S73.	Amend the zoning map by rezoning the subject lands from MD3 S73 to MD2 S73 as shown in Document 3.

Item No.

Objective of Amendment

Proposed Amendment

1. Grenwich Circle and Whitestone Drive

Ward 16

Clarification is required to confirm whether the 6.0 metre setback requirement applies for all rear yard setbacks within the subzone, or, if the 6.0 metre setback applies to only those rear yards that abut an EP zone.

Amend Column V of Exception [515] by deleting the words,

“-minimum setback of 6 m from EP zone and the rear lot line”.

Amend Column V of Exception [515] by adding the words,

“-minimum required setback of 6 m from any lot line abutting an EP zone

-minimum required rear yard setback is 6 m”.

2. 79 Whitestone Drive

Ward 16

The zoning boudary between the R1S [515] and R2U [553] subzones should be amended so that it follows a property line, rather than being located through the middle of the lot located at 79 Whitestone Drive.

Rezone part of 79 Whitestone Drive from R1S [515] to R2U [553]. This will result in the zoning boundary being located along the property line between 81 Whitestone Drive and 79 Whitestone Drive as shown in Document 3.

3. 81 Somerset Street

Ward 14

Typographical error on zoning maps. RVS[478] should be R4S[478].

Amend the zoning map to indicate the subject lands as R4S[478] instead of RVS[478] as shown in Document 3.

4. Section 9 - Transition

Citywide

Amend the Transition provisions to specify that they are applicable only to completed applications submitted on or after the date of the release of the first draft of the new Comprehensive Zoning By-law on May 26, 2006. The purpose of this provision was solely to allow for a reasonable transition period for applications submitted at the time the new by-law was undergoing the formal public review process; it was not intended to give relief from the by-law to applications submitted well before the new by-law process began.

Amend Section 9(1) to change the words “was received by June 25, 2008” to state “was received on or after May 26, 2006 and on or prior to June 25, 2008”

5. 555 and 591 March Road

Ward 4

The IP6[1084] H(12) and IP6[1149] H(12) zones on these lands permit all the commercial uses allowed in the former Kanata By-law 132-93, which was amended on a site specific basis with by-law 2006-384, to a C1S(3) and C1S(4) zoning respectively, except for gar bar in the former C1S(3) zone. This should be added. As well, the section reference in the provisions is incorrect and should be revised.

Amend Column III of exception [1084] to add “gas bar”.

Amend Column V of exceptions [1084] and [1149] to refer to Section 205 (2) (b) and (c) instead of 199 (2) (b) and (c)

6. 560 Rideau Street

Ward 12

The TM6 [146] F(4.25) S141 zone should include an “h” holding symbol to reflect the Ontario Municipal Board decision requring site plan control approval prior to enacting the zoning.

Amend the zoning map by rezoning the subject lands from TM6 [146] F(4.25) S141 to TM6 [146]-h F(4.25) S141 as shown in Document 3.

Amend Exception 146, Column II to delete “TM6 [146] F(4.25) S141” and add “TM6 [146]-h F(4.25) S(141)

Amend Exception 146, Column V to add the following provision:

- the “h” symbol will not be removed until site plan control approval has been granted by the City of Ottawa.

7. Parking requirement for bed and breakfast

Former Ottawa and Vanier

The parking requirement for bed and breakfast for Areas A and B on Schedule 1 (former Ottawa and Vanier) is shown as 1 per dwelling unit plus 1 per guest room for the first 4 guest rooms. This should be revised to the same requirement of the former Ottawa Zoning By-law of 1 per dwelling unit and 1 for the first 4 guest rooms.

Amend Section 101, Table 101 c) Columns II and III, (Areas A and B) by deleting the existing text and replacing it with the following:

1 per dwelling unit plus 1 for the first four guest rooms plus 0.45 for each additional guest room over 4

8. 1573 Stittsville Mainstreet

Ward 6

A 2000 site specific rezoning to R4-7 of the adjacent property incorrectly included 1573 Stittsville Mainstreet in former Goulbourn Zoning By-law. This residential zoning was carried forward into the new zoning by-law. The subject lands should be rezoned TM9 H(11) - Traditional Mainstreet as per the adjoining properties to the north.

Amend the zoning map to rezone the subject lands from R3Z [1002] to TM9 H(11) as shown on Document 3.

9. 100 Castlefrank

1023 Teron

35 Beaufort

710, 788, 807 March

701, 801, 907 Eagleson

60 Stonehaven

60 Sweetnam

7, 99 Kakulu

2 Goldridge

5500 Kanata

200 Katamavik

Northeast Corner of Goulbourn Forced Road and Kanata Avenue

Part of 425Goulbourn Forced

Wards 4 and 23

The LC7 – Local Commercial zone does not permit convenience stores. As the former Kanata Zoning By-laws permitted retail stores on these LC7 sites and did not identify convenience store as a distinct use, convenience store should be added to the LC7 subzone as a permitted use.

Certain LC7 subzones that only permitted a limited number of uses that excluded retail store would also exclude convenience store. Exception 220 will need to add convenience store to the list of uses that must not exceed a total of 1400 m².

For Exception 1523, convenience store needs to be added to uses that are not prohibited.

For Exceptions 1519 and 1524, convenience store can be deleted as an additional permitted use.

Exception 227 in Column V refers to a community centre, which is not a permitted use in LC7. Column III needs to be amended to add community centre as an additional permitted use.

Amend Section 190(7), the LC7 subzone, to add “convenience store” as a permitted use;

Amend Exception 220, Column V to add the words “convenience store” between “ - the total gross leasable floor area for a personal service business, restaurant full service, restaurant takeout, …” and “… retail food store and retail store must not exceed a total of 1400 m^2;”

Amend Exception 1523 Column IV to add “-convenience store”

Amend Exceptions 1519 and 1524 Column III to delete “- convenience store”.

Amend Exception 227 to add “-community centre” as an additional permitted use.

10. 806, 812, 830, 846 March

Ward 4

Exceptions 1522 and 1527 have been made redundant by a 2009 rezoning.

Delete all the text in Exceptions 1522 and 1527 so that they may be reserved for future use.

11. 804, 806, 810 Greenbank ;

10, 16 Green Street

Ward 3

Exception 1419 includes a provision stating:

“- the affected lands are considered as one lot for zoning purposes”. This provision was not in the former Nepean Zoning By-law and is not necessary.

Amend Column V of Exception 1419 to delete the provision:

“ - the affected lands are considered as one lot for zoning purposes”.

12. 971 Richmond Road

Ward 15

Exception 1373 includes “automobile dealership” as an additional permitted use for 955 and 965 Richmond Road. The former Ottawa Zoning By-law also included this additional permitted use for 971 Richmond Road as the three addresses comprise one automobile dealership. The zoning map should be amended to add Exception 1373 to 971 Richmond Road.

In addition, the Ontario Municipal Board recently approved the unappealed portions of the Richmond Road/Westboro CDP Zoning By-law Amendment. The zoning of the property is now TM H(15).

Amend the zoning map to rezone the subject lands from TM H(15) to TM [1373] H(15) as shown in Document 3.

13. London Terrace/Mart Circle Area

Ward 13

The schedule number does not appear on the zoning map for the London Terrace/Mart Circle area covered by Schedule 185. Schedule 185 should be added to each of the affected zoning codes. Maximum building heights are included in Schedule 185 and thus do not need to appear on the zoning map.

Amend the zoning map by rezoning the subject lands from:

- R5B [800] H(11) and R5B[800] H(19) to R5B [800] S185;

- R5B [1553] H(19) to R5B [1553] S185

as shown in Document 3.

14. 55 Laurier Avenue East

Ward 12

The University of Ottawa had a shared parking provision that applied to the subject lands under the former Ottawa Zoning By-law. That provision should be carried forward by adding it to Exception 111.

Amend Column V of Exception 111 to add the following provision:

“- all required parking spaces, for a post-secondary institution, may be located in any part of the I2A[347] F(3.0), I2E[1377] F(3.0), I2E [1376] S232, I2A [1378] S232, MD[111] S67 and LC2 zoned lots located within the University of Ottawa.”

15. Exception 1532

Exception 1532 in Column II refers to two zones: IL2 [1532]H(14)-h and IL4 [1532] H(14)-h. It should only apply to the IL2 [1532] zone H(14)-h zone.

Amend Exception 1532 Column II to delete “IL4 [1532] H(14)-h”.

16. 720 Silver Seven Road

Exception 1612

Ward 23

The provisions of Exception 1612 need to be amended as they do not fully capture the intent on of the applicable former Kanata Zoning By-law with regard to the definition of a retail store, actual minimum width of landscaped buffer and restrictions on permitted uses before the “h” symbol is removed by City Council.

Amend Exception 1612 as follows:

Column III - add “without any limitations on the types of products offered for sale” after “ - retail store”;

Column V

add the words shown in italics to the existing provision so it would read:

“ - minimum width of landscaped buffer between a parking lot and lot line abutting the lot line that coincides with the boundary between Lots 1 and 2, Concession 2 of the Geographic Township of March: 4.5 m”;

delete “- height for all uses excluding, those listed in subsection 203(1) is limited to 11m” and replace with “- maximum height for retail store is limited to 11m”

delete the text “ all uses, excluding those listed in Section 203(1), retail store and shopping centre are not permitted…” and replace with “retail store and shopping centre are not permitted…”

...

17. General Parking Provisions – handicaped access

Section 100 (7)

Citywide

Provide clarification to confirm that if a parking space is eliminated as a result of providing handicap access to an existing building, the use for which the parking is provided is to be treated as though it meets the parking requirements of the by-law.

Amend Section 100 by adding, the following provisions as subsection 10,

“Where one parking, queuing or loading space required by this by-law or a predecessor to this by-law is eliminated as result of providing barrier-free access to a building existing as of June 25, 2008, the use for which the parking, queuing or loading space is provided is to be treated as though it meets the requirements of this by-law or a predecessor to this by-law immediately prior to the elimination of the parking, queuing or loading space.”

Amend Section 100 by adding the following provision as subsection 11, "Despite subsection 100(10), a parking space may only be eliminated to enable barrier-free access to a use within a building where at least one parking space continues to be provided for that use."

Amend Section 100 (7) by adding the words, “or predecessor by-law”, following the words, “Despite subsection (1), where a motor vehicle parking space required by this By-law”.

Amend Section 60 (5) (c) by adding, “except for the exemption provided in Section 100 (7) and Section 100 (10)”, after the words, “Nothing in this subsection applies so as to permit the elimination of a parking space required on the day prior to the enactment of this by-law”.

18. 160 and 164 Mafeking Avenue

Ward 13

These lots, which contain detached dwellings and were zoned residential under the former City of Ottawa Zoning By-law, are located in an L1-Community Leisure Facility Zone. They should instead be zoned R1PP as is the surrounding residential area.

Rezone 160 and 164 Mafeking Avenue

from L1 to R1PP, as shown in Document 3.

19. Henri Lauzon/ Forestcrest Area

Ward 2

This area is shown on the zoning map as R3VV [708], but as R3Y [708] in the Exceptions table. R3VV and R3Y have similar provisions, the major difference being a minimum 3 metre front yard setback for townhouses in the R3VV zone and a minimum 5 metre setback in the R3Y zone. As the former Gloucester Zoning By-law had a minimum front yard setback of 5 metre and all the townhouses built in the area have a minimum 5 metre setback, the zoning map should be amended from R3VV [708] to R3Y [708].

Amend the zoning map to rezone the subject lands from RVV [708] to R3Y [708] as shown on Document 3.

20. Temporary Uses, Buildings Or Structures During Construction - Section 71

Citywide

Clarify that Section 71 is also intended to apply to special events.

Amend the title of Section 71 by adding, “Or Special Events”, following the words, “Temporary Uses, Buildings Or Structures During Construction”.

Amend Section 71 (1) by adding, “or special events”, following the words,

“Despite any provision to the contrary, the following temporary buildings, structures or equipment are permitted in any zone, except an EP zone, during a period of construction”.

Amend Section 71 (1) (a) by adding, “or special event”, after the words,

“the use of land or the use or erection of a temporary building, structure or equipment essential to the construction”.

21. Area generally bounded by Premier Avenue on the south, Northwestern Avenue on the east, Pontiac Street on the north and Cowley Avenue on the west.

Ward 15

As a result of a mapping error the zoning standards for Area B, as shown in Schedule 1 of the former Ottawa Zoning By-law, were applied to this R2F subzone. This area was actually located in Area A, as shown in Schedule 1 of the former Ottawa Zoning By-law, and the zoning standards for that Area should be have been carried through in the new zoning.

Amend the zoning map by rezoning the subject lands from R2F to R2D as shown on Document 3.

22. Table 55 (7) – Accessory Uses, Buildings and Structures

Citywide

The term “floor area” should be substituted for “gross floor area” in this provision, regarding maximum size of an accessory building. By definition, “gross floor area” excludes common storage areas that are accessory to the principal use of the building, bicycle parking and motor vehicle parking. The more general term, “floor area”, will permit the intent of this provision to be properly implemented.

Amend Column II of Table 55 (7) by adding the words, “as measured from the exterior walls of the building”, after the words,

“Aggregate of all accessory buildings not to exceed a lot coverage of 50% of the yard in which they are located, with a maximum cumulative gross floor area of 55 m²”.

Amend Column II of Table 55 (7) by deleting the word “gross” from the phrase, “Aggregate of all accessory buildings not to exceed a lot coverage of 50% of the yard in which they are located, with a maximum cumulative gross floor area of 55 m²”.

23. Section 239 – Urban Exceptions and Section 240 – Rural Exceptions

Citywide

The use of the term “mulitple use” in Column II – Applicable Zone of Table 239 and Table 240 has caused some confusion regarding its interpretation. In order to clarify the intent, the word “use” should be deleted from the term “multiple use” from Column II in both tables.

Amend Column II of Section 239 and Column II of Section 240 by deleting the word “use” wherever the term “multiple use” appears.

Amend the introductions to Table 239 and Table 240 by deleting the word “use” from the following sentence,

“The term “multiple use” utilized in Column II below indicates an exception that has been applied to several locations.”.

24. Clyde/Scout/Coleridge Area

Ward 16

The R2T and R2U zones do not have a minimum interior side yard setback other than abutting a lane or a public pathway. The 0.3 metre minimum interior side yard setback of the former Ottawa Zoning By-law R2G zone should be included in the R2T and R2U zone provisions.

Amend the R2 - Residential Second Density Zone, Section 158, Table 158B Additional Zoning Provisions, Endnote 9, to add the words “0.3 m and” between “Minimum interior side yard setback is…” and “…1.2 m for any yard abutting a public pathway or public lane.”

25. Table 102 - Visitor Parking Rates – apartment buildings over 300 units

Central Area and Inner City

The current visitor parking rates do not fully reflect those from former Ottawa, which were significantly lower for large apartment buildings (over 300 dwelling units) in downtown and inner city areas. Table 102 should be amended to include this reduction.

1. Amend row (a) Apartment building, Mid-High Rise; Low Rise as follows:

(a) by replacing the heading “For the balance of the dwelling units” in row (a)(ii), Column I, with the heading “For the next 300 dwelling units”.

(b) by adding a new row (a)(iii) which states:

(i) in Column I the heading “For the balance of the dwelling units”,

(ii) in Columns II and III, the word “none” and

(iii) in Columns IV and V the words “0.2 per dwelling unit”

26. 3730 and 3868 Innes

Ward 2

In 2007, Council adopted an Official Plan Amendment which resolved an appeal of the Official Plan Amendment 28, and which reflected a land exchange with the developer, wherein Urban Natural Feature #87 – Innes Park Woods, would be transferred to the City in exchange for other lands that would be redesignated Arterial Mainstreet. As part of the agreement, the affected lands were redesignated from Employment Area to Arterial Mainstreet and 3730 Innes Road was to extend to a depth no greater than 475 m back from the front property line fronting on Innes Road, excluding the Urban Natural Features Area woodlot.

The Zoning By-law does not reflect the redesignations with the appropriate zoning. The lands fronting onto Innes Road and zoned AM [1443] must be extended 475 metres back from Innes Road – currently the depth does not extend that far back; and the area of the city-owned woodlot (Parts 1 and 2 RP 4R-22628) should be rezoned to EP.

Amend the Zoning Map to rezone 3730 Innes Road from IL2 H(14)-h to AM [1443], so that the depth of the area zoned AM [1443] extends no more than 475 m back from the front property line, excluding the Innes Park Woods; and rezone the lands, known as Part of Lots 2 & 3, Concession 3 (Ottawa Front), Parts 1 and 2 of Plan 4R-22628, zoned IL2 H(14)-h and IL 2[1532] H(14)-h to EP as shown on Document 3 .

27. Hartsmere Drive near the intersection of Arrowwood Drive

Ward 6

The property in question is vacant but is owned by the Ottawa-Carleton District School Board and is intended for school development (2010-2011). However, it was erroneously zoned R1L as the future plans for the site were unknown when the zoning was applied. Consequently, it should be rezoned from R1L- Residential First Density to I1B- Minor Institutional.

Rezone the subject lands from R1L to I1B, as shown in Document 3.

28. Scotiabank Place Area

Ward 6

Former Kanata Zoning By-law 125-90 allowed parking in the Scotiabank Place area to be provided on different lots than the Scotiabank Place building. As the new Zoning By-law does not include this provision, an exception is needed for the subject lands to recognize the former by-law parking provisions.

Amend the zoning map to rezone the subject lands from MC H(60) to MC [xxxx] H(60) as shown on Document 3.

Add a new exception to Section 239 that specifies the following provision:

“The required parking spaces for any use may be provided in a location other than the lot on which the use is located and two or more users may share joint parking facilities provided that the required parking spaces for any particular use are not located more than 150 metres from the lot on which the use is located. Notwithstanding the aforementioned, parking spaces serving the uses within an entertainment complex may be located up to 550 metres from the lot on which the use is located.”

29. South side of Clarence Street to the south side of George Street, between William Street and Dalhousie Street

Ward 12

There is a typographical error on the zoning map for the MD3 S73 subzone. This area should have been zoned MD2 S73.

Amend the zoning map by rezoning the subject lands from MD3 S73 to MD2 S73 as shown in Document 3.

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

LIST OF ANOMALIES AND MODIFICATIONS

TO ZONING BY-LAW 2008-250 FOR CONSIDERATION

BY AGRICULTURAL AND RURAL AFFAIRS COMMITTEE DOCUMENT 2

Item No	Objective of Amendment	Proposed Amendment
1. 1424 Commodore Lane Ward 21	The lands in question currently contain a marina that services, repairs, sells and rents boats and boat accessories, as well as sells marine fuels and lubricants. This was permitted under the previous CT-1 zoning of the former Township of Rideau Zoning By-law. Although the use “marine facility” is permitted in the new O1L zoning of the site, the new definition of this term does not permit these ancillary uses. Staff supports a site-specific change to the zoning of these lands to recognize the existing facility and services.	Amend the zoning map to rezone 1424 Commodore Lane from O1L to O1L[xxxx] as shown on Document 3. Add a new exception to Section 240 which specifies the following provisions: “For the purposes of this exception, the term marine facility includes the service, repair, sale or rent of boats and boat accessories and the sale of marine fuels and lubricants”
2. 3004 and 3016 Dunning Road Ward 19	The AG [536r], which allows a retail store limited to a butcher shop (and was identified by exception in the former Cumberland zoning by-law), has been incorrectly placed on 3016 Dunning instead of 3004 Dunning, locate immmediately to the north, which actually has the butcher shop. Exception 536r should be transferred from 3016 Dunning to 3004 Dunning. The automobile service station operating out of 3016 Dunning is a non-permitted use in the AG zone. It was not permitted in the former Cumberland Zoning By-law and is not a farm-related commercial or industrial use. No change to the non-permitted status of the automobile service station is proposed.	Amend the zoning map to rezone 3004 Dunning from AG to AG [536r] and 3016 Dunning from AG [536r] to AG as shown on Document 3.
3. 1669 Diamondview Road Ward 5	The former West Carleton Zoning By-law contained a site-specific zoning that permitted the existing use of the property – storage, maintenance and repair of aircraft. As the current AG zoning does not permit this use, a site-specific exception will be required to recognize the existing use.	Amend the zoning map to rezone 1669 Diamondview Road from AG to AG[xxxx] as shown on Document 3. Add a new exception to Section 240 for the following additional permitted use: - the storage, maintenance and repair of aircraft.
4. 2181 Giroux Ward 19	The AG zone allows one detached dwelling. Exception 701r has one detached dwelling as an additional permitted use and a minimum lot area of 4.2 hectares. The former Cumberland Zoning By-law restricted the subject lands to one detached dwelling and had a minimum lot area of 42 hectares. Exception 701r should be amended accordingly to be consistent with the former by-law.	Amend Exception 701r to delete “ - one detached dwelling” from Column III Additional Permitted Uses and change the minimum lot area from 4.2 to 42 hectares in Column V Provisions.
8. 2854 and 2864 Barlow Crescent Ward 5	The zoning maps indicate an isolated portion of the flood plain overlay on the subject lands and on an unaddressed area between this lot and 2880 Barlow. However, the Mississippi Valley Conservation Authority has advised that this area is no longer within the flood plain, and the overlay should be removed.	Amend the zoning maps to remove the flood plain overlay from the subject lands as shown in Document 3.
9. West side of Northwoods Drive, northwest of Buckhams Bay Road Ward 5	The incorrect lot area was assigned to this subzone, rendering five of eight properties non-complying.	Amend the zoning map by rezoning the subject lands from RR5 to RR5 [xxxr], as shown in Document 3. Add exception [xxxr] to Table 240, Column V to read as follows, “-minimum lot area 3600 square metres”
10. 1875 Corkery Road Ward 5	The former West Carleton Zoning By-law had two zones on the subject property (OS-8 and RCL-22), which contains a wetland. Based on this zoning, a subdivision agreement allowed a detached dwelling, with a requirement that the dwelling be set back 10 metres from the boundary of the wetland. The Comprehensive Zoning By-law zones the property O1, which does not allow detached dwellings. In keeping with the former zoning and the subdivision agreement, that part of the property shown on Document 3 needs to be rezoned to RR2 [xxxr] to accommodate the dwelling unit, while maintaining a 10 metre wetland setback.	Amend the zoning map to rezone a portion of 1875 Corkery Road from OI to RR2 [xxxr] as shown on Document 3. Add a new exception to Section 240 with the following provision: - minimum setback from the boundary of the O1 zone: 10 metres

Item No

Objective of Amendment

Proposed Amendment

1. 1424 Commodore Lane

Ward 21

The lands in question currently contain a marina that services, repairs, sells and rents boats and boat accessories, as well as sells marine fuels and lubricants. This was permitted under the previous CT-1 zoning of the former Township of Rideau Zoning By-law. Although the use “marine facility” is permitted in the new O1L zoning of the site, the new definition of this term does not permit these ancillary uses. Staff supports a site-specific change to the zoning of these lands to recognize the existing facility and services.

Amend the zoning map to rezone 1424 Commodore Lane from O1L to O1L[xxxx] as shown on Document 3.

Add a new exception to Section 240 which specifies the following provisions: “For the purposes of this exception, the term marine facility includes the service, repair, sale or rent of boats and boat accessories and the sale of marine fuels and lubricants”

2. 3004 and 3016 Dunning Road

Ward 19

The AG [536r], which allows a retail store limited to a butcher shop (and was identified by exception in the former Cumberland zoning by-law), has been incorrectly placed on 3016 Dunning instead of 3004 Dunning, locate immmediately to the north, which actually has the butcher shop. Exception 536r should be transferred from 3016 Dunning to 3004 Dunning.

The automobile service station operating out of 3016 Dunning is a non-permitted use in the AG zone. It was not permitted in the former Cumberland Zoning By-law and is not a farm-related commercial or industrial use. No change to the non-permitted status of the automobile service station is proposed.

Amend the zoning map to rezone 3004 Dunning from AG to AG [536r] and 3016 Dunning from AG [536r] to AG as shown on Document 3.

3. 1669 Diamondview Road

Ward 5

The former West Carleton Zoning By-law contained a site-specific zoning that permitted the existing use of the property – storage, maintenance and repair of aircraft. As the current AG zoning does not permit this use, a site-specific exception will be required to recognize the existing use.

Amend the zoning map to rezone 1669 Diamondview Road from AG to AG[xxxx] as shown on Document 3.

Add a new exception to Section 240 for the following additional permitted use:

- the storage, maintenance and repair of aircraft.

4. 2181 Giroux

Ward 19

The AG zone allows one detached dwelling. Exception 701r has one detached dwelling as an additional permitted use and a minimum lot area of 4.2 hectares. The former Cumberland Zoning By-law restricted the subject lands to one detached dwelling and had a minimum lot area of 42 hectares. Exception 701r should be amended accordingly to be consistent with the former by-law.

Amend Exception 701r to delete “ - one detached dwelling” from Column III Additional Permitted Uses and change the minimum lot area from 4.2 to 42 hectares in Column V Provisions.

8. 2854 and 2864 Barlow Crescent

Ward 5

The zoning maps indicate an isolated portion of the flood plain overlay on the subject lands and on an unaddressed area between this lot and 2880 Barlow. However, the Mississippi Valley Conservation Authority has advised that this area is no longer within the flood plain, and the overlay should be removed.

Amend the zoning maps to remove the flood plain overlay from the subject lands as shown in Document 3.

9. West side of Northwoods Drive, northwest of Buckhams Bay Road

Ward 5

The incorrect lot area was assigned to this subzone, rendering five of eight properties non-complying.

Amend the zoning map by rezoning the subject lands from RR5 to RR5 [xxxr], as shown in Document 3.

Add exception [xxxr] to Table 240, Column V to read as follows,

“-minimum lot area 3600 square metres”

10. 1875 Corkery Road

Ward 5

The former West Carleton Zoning By-law had two zones on the subject property (OS-8 and RCL-22), which contains a wetland. Based on this zoning, a subdivision agreement allowed a detached dwelling, with a requirement that the dwelling be set back 10 metres from the boundary of the wetland. The Comprehensive Zoning By-law zones the property O1, which does not allow detached dwellings. In keeping with the former zoning and the subdivision agreement, that part of the property shown on Document 3 needs to be rezoned to RR2 [xxxr] to accommodate the dwelling unit, while maintaining a 10 metre wetland setback.

Amend the zoning map to rezone a portion of 1875 Corkery Road from OI to RR2 [xxxr] as shown on Document 3.

Add a new exception to Section 240 with the following provision:

- minimum setback from the boundary of the O1 zone: 10 metres