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15. COMPREHENSIVE
ZONING BY-LAW 2008-250: APPEAL TO THE ONTARIO MUNICIPAL BOARD (NINTH REPORT) RÈGLEMENT GÉNÉRAL DE ZONAGE 2008-250 : APPEL À LA COMMISSION DES
AFFAIRES MUNICIPALES DE L’ONTARIO (NEUVIÈme RAPPORT) |
Committee recommendation
(This application is subject to Bill 51)
That Council approve the zoning amendment as noted in Document 1 -
Details of Recommended Zoning, to resolve an appeal against the Comprehensive
Zoning By-law 2008-250, and forward a by-law incorporating the required
amendment to the Ontario Municipal Board.
Recommandation DU Comité
(Cette demande est
assujettie au Règlement 51)
Que le Conseil approuve les modifications
recommandées dans le 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.
Documentation
1.
Deputy
City Manager’s report, Infrastructure Services and Community Sustainability
dated 21 August 2009 (ACS2009-CMR-LEG-0019).
Planning
and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
21 August 2009 / le 21 août 2009
Submitted
by/Soumis par : Kent Kirkpatrick, City Manager/Directeur des
services municipaux
Contact Person/Personne ressource : Rick O'Connor, City Clerk and
Solicitor
Legal
Services/Services juridiques
(613)
580-2424 x 21215, Rick.OConnor@ottawa.ca
That
Planning and Environment Committee recommend that Council approve the zoning
amendment as noted in Document 1 - Details of Recommended Zoning, to resolve an
appeal against the Comprehensive Zoning By-law 2008-250, and forward a by-law
incorporating the required amendment to the Ontario Municipal Board.
Que le Comité de l’urbanisme et de l’environnement recommande au Conseil
d’approuver les modifications recommandées dans le 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.
On June 25, 2008 City Council adopted the new Comprehensive Zoning By-law 2008-250 that affects all properties within the City of Ottawa. 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.
One of the appeallants, TDL Limited, appealed numerour provisions of By-law 2008-250. Two of the provisions appealed, which are city-wide in application, are related to the permissions for ancillary uses in Industrial zones. More particularly, they have appealed those regulations that cap the maximum size of individual ancillary uses to 300 square metres, as well as the maximum cumulative size of all ancillary uses which are limited to a gross floor area of 25% of the lot area in any industrial zone.
An Ontario Municipal Board hearing is scheduled starting September 8, 2009, to hear this appeal and similar appeals by three other appellants. The three other appellants did not submit witness statements by the timeline set out by the Ontario Municipal Board and have, or are anticipated to withdraw their appeals.
TDL Limited agents approached City staff on August 11, 2009 with the request that the City consider modifications to the two appealed provisions in order to resolve this part of their appeal. Planning Staff have reviewed the request and propose that the current provision that a maximum cumulative total gross floor area of all ancillary uses must not exceed 25% of the lot area, be replaced by a maximum cumulative size of not greater than 2,999 square metres.
The City's Official Plan (2003) contain policies that permit a variety of complementary, ancillary uses, "occupying small sites on individual pads or in groups as part of a small plaza" to serve employees of the Employment or Enterprise Areas, the general public in the immediate vicinity, and passing traffic. The individual size cap of 300 square metres implements that part of the policy that permits uses on small sites on individual pads, while the recommended amendment to require a maximum cumulative size of not greater than 2,999 square metres reflects the upward limit in size of a "small plaza". A plaza greater than this size is considered to be a neighbourhood level shopping centre, and would not be appropriately located in the Employment or Enterprise designation.
Recently, Council adopted Official Plan Amendement #76. This amendment contains wording which expresses a similar intent, but futher strengthens the focus on limiting the size of occupancies of those ancillary uses in Employment Areas, so that the are clearly incidental to the primary employment-generating uses of the Employment Area and will not be of a size or nature that draw clientele from beyond the local area.
The proposed modifications appropriately reflect the intent of both Official Plan (2003) and Official Plan Amendement #76.
TDL Limited has indicated that they accept the proposed amendment and will request to the Ontario Municipal Board that this part of their appeal be withdrawn either at a September 4, 2009 pre-hearing or at the beginning of the hearing on September 8, 2009.
TDL Limited has been notified of the public meeting.
This recommendation, if carried, will allow the resolution of part of the TDL Limited appeal, the one remaining appeal currently scheduled for the Ontario Municipal Board hearing of September 8, 2009.
The City has retained Lehman & Associates to
provide opinion evidence at the September 8, 2009 hearing. Should the appeal by TDL be resolved, while
summary evidence must still be provided to Ontario Municipal Board in support
of modification to the zoning by-law,
it is anticipated that the evidence required will be less extensive than at a
full hearing.
Document 1 - Details of Recommended Zoning
Planning and Growth Management 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 at either the September 4, 2009 pre-hearing or the September 8, 2009 hearing.
DOCUMENT 1
Details of Recommended Zoning
1. That clauses 199 (2) (b), 201 (2) (b), 203 (2) (b), and 205 (2) (b) be amended by deleting the wording and replacing it with new wording:
"(b) the cumulative total gross floor area for these uses not exceeding 2,999 m2;"