|
Committee recommendationS
(This matter is Subject to Bill 51)
That
Council approve the amendments recommended in Column 3 of Documents 1 and 2, to
correct anomalies in Zoning By-law 2008-250, as amended by:
1.
adding the
following item to Document 1, regarding the property located at 429-435
(odd numbers only) Haileybury Street, 681-695 (odd numbers only) Paul Metivier
Drive, part of 125 Bren Maur Road:
Item |
Objective of Amendment |
Proposed Amendment |
Zoning Map Corrections |
||
Lands located at 429-435
(odd numbers only) Haileybury Street; 681-695 (odd numbers only) Paul
Metivier Drive; part of 125 Bren Maur Road Ward 22 |
By-law
2007-171 amended the former Nepean Zoning By-law 100-2000 to permit the
development of a residential subdivision. The subdivision plan received draft
approval and was registered after the zoning amendment was approved. The zoning in the former Nepean Zoning
By-law 100-2000 and By-law 2008-250 does not reflect the approved land uses
as shown in the registered Plan of Subdivision. |
Amend the Zoning Map, to rezone the subject lands, as shown in Document
4, from O1 to R3Z. |
2.
Adding the
attached zoning/location map
to Document 4.
RECOMMANDATIONS
MODIFIÉS DU COMITÉ
(Cette question est assujettie au Règlement 51)
Que le Conseil approuve les modifications
recommandées dans la colonne 3 des documents 1 et 2 afin de corriger des
anomalies dans le Règlement de zonage no 2008-250, telles que
modifiées par .
1. L’ajout de l’article suivant au
Document 1, concernant les propriétés situées aux 429-435 (numéros impairs
seulement), rue Haileybury, aux 681-695 (numéros impairs seulement), promenade
Paul-Métivier, et une partie de la propriété située au 125, chemin Bren Maur:
Article |
Objectif de la modification |
Modification proposée |
Corrections apportées à la carte de zonage |
||
Les terrains situés aux 429-435 (numéros impairs
seulement), rue Haileybury; aux 681-695 (numéros impairs seulement),
promenade Paul-Métivier; une partie du terrain situé au 125, chemin Bren Maur
Quartier 22 |
Le Règlement 2007-171 modifiait le
Règlement 100-2000 de l’ancienne Ville de Nepean pour permettre
l’aménagement d’un lotissement résidentiel. L’ébauche du plan de lotissement
a été approuvée et enregistrée une fois la modification de zonage approuvée.
Le zonage indiqué au Règlement 100-2000 et au Règlement 2008-250 de
l’ancienne Ville de Nepean ne reflète pas les occupations du sol approuvées
qui sont présentées dans le Plan de lotissement enregistré. |
Modifier la carte de zonage afin de rétablir le
zonage des terrains concernés, comme stipulé dans le Document 4,
de O1 à R3Z. |
2. L’ajout au Document 4 de la carte de zonage ci-jointe.
Qu’aucun autre avis ne soit donné conformément
à l’Article 34 (17) de la Loi sur
l’aménagement du
Documentation
1. Deputy City Manager's report Infrastructure Services and Community
Sustainability dated 30 August 2010 (ACS2010-ICS-PGM-0170).
2. Extract of Draft Minutes of 14
September 2010.
3. Location Map for 429-435 (odd numbers only) Haileybury Street,
681-695 (odd numbers only) Paul Metivier Drive, part of 125 Bren Maur Road
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
30 August 2010 / le 30 août 2010
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
That Planning and Environment Committee recommend that Council approve
the amendments recommended in Column 3 of Documents 1 and 2, to correct
anomalies in Zoning By-law 2008-250.
Que le Comité de
l’urbanisme et de l’environnement recommande au Conseil d’approuver les
modifications recommandées dans la colonne 3 des documents 1 et 2 afin de
corriger des anomalies dans le Règlement de zonage no 2008-250.
On June 25, 2008 City Council adopted the new Comprehensive Zoning By-law 2008-250 that 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 replaces the one that was before Planning and Environment Committee on August 24, 2010 (ACS2010-IS-PGM-0139) that Committee pulled from the agenda at staff’s request due to public notification errors (save and except for two items, 85 Range Road, and 2865 Riverside Drive). The same report, ACS2010-IS-PGM-0139 was before Agricultural and Rural Affairs on August 26, 2010.
Since the adoption of the Zoning By-law 2008-250, staff has monitored the new by-law and has identified certain anomalies that are being recommended for correction. This report details recommended amendments to correct a number of identified anomalies in the urban area. Document 1 provides staff recommendations to Planning and Environment Committee on the anomalies in the urban area. Document 1 has been slightly modified to reflect the two properties that were dealt with at Planning and Environment Committee on August 24, 2010. It includes the motion on 3211 Greenbank Road that Planning and Environment Committee would have otherwise dealt with had the report not been withdrawn and one additional anomaly that recommends an amendment to the definition of heavy industrial use.
Document 2 replaces Document 3 of the previous report ACS2010-IS-PGM-0139 and recommends zoning changes to correct general provisions that are applicable to both the urban and rural areas of the city. Agricultural and Rural Affairs Committee provided its’ recommendations on the items of the Document 3 at its August 26 meeting. On September 22, 2010, those recommendations will rise to Council at the same time as Planning and Environment Committee’s recommendations of both Documents 1 and 2 herein.
The amendments are intended to correct mapping and text reference errors in the implementation of Council-approved changes that are not accurately reflected in the Comprehensive Zoning By-law.
RURAL IMPLICATIONS
N/A
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 amendment. As well, interested parties have been notified by individual mail.
COMMENTS BY THE WARD
COUNCILLOR(S)
N/A
These changes are of a routine nature to correct anomalies and do not have any legal/risk management implications.
CITY STRATEGIC PLAN
N/A
TECHNICAL IMPLICATIONS
N/A
There are no direct financial implications associated with this report.
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 both Planning and Environment Committee and Agriculture and Rural Affairs Committee
Document 3 Location Maps
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 DOCUMENT 1
Item |
Objective of Amendment |
Proposed Amendment |
||||||||||||||||||||||||||||||||||||
Zoning Map
Corrections |
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West of Greenbank Road to
Grand Canal Street, north of Cambrian Road, and north and south of River Run
Avenue Ward 3 |
By-law 2008-209 amended the former Nepean Zoning By-law to
a number of zones for a residential subdivision. By-law 2008-283 carried over
this amendment into the new Comprehensive Zoning By-law, 2008-250. However,
the subdivision plan received draft approval after the original zoning
amendment and some minor modifications were made to the plan of subdivision
that aren’t reflected in the zoning maps of both former Nepean Zoning By-law
100-2000 and By-law 2008-250. Further, in By-law 2008-209, public parks were zoned the
same residential zone as the
surrounding residential zones, whereas the approach used in the Comprehensive
Zoning By-law, By-law 2008-250, was to zone public parks as an Open Space or
Leisure zone, restricting the uses to parks and similar public uses. In addition, the area of a potential school site has
increased slightly through the plan of subdivison approval process and the
zoning of the school site should reflect the plan of subdivision. |
Amend the Zoning Map, to
rezone the subject lands, as shown in Document 4, from: R3YY[1627] to EP1 for Area A
on Attachment 1 EP1 to R3YY[1627] for Area B
on Attachement 1 R3YY[1627] to OS1 for Area A
on Attachment 2 R3YY[1627] to I1/R3YY[1627]
for Area B on Attachment 2 |
||||||||||||||||||||||||||||||||||||
Unaddressed parcels on
Innovation Drive Ward 4 |
Under Comprehensive Zoning By-law 2008-250, the L1 -
Community Leisure Facility Zone was applied on a consistent basis to lands
where community centres are located.
As such, these lands should have been zoned L1, consistent with the
zoning of other City-owned lands that are the location of a community
centre. |
Rezone the subject lands
from IG6 H(44) to L1, and from IG6 [218] H(44) to L1, as shown in Document 4. |
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605, 609 and 613 Hunt Club
Place Ward 16 |
By-law 2005-190 under former Ottawa Zoning By-law 98-93
changed the zoning on the lands from a residential zone, R1G H(9.0) to a
Leisure zone, L3H [932], which was intended to match the zoning of the Hunt
Club Golf Club, but allow residential development on the property. The by-law
was appealed, but the appeal withdrawn at the Ontario Municipal Board. Zoning
By-law 2008-250 through the exception reflected the specific provisions, but
the zoning designation remained residential whereas it should have matched
the new O1A designation of the Hunt Club Golf Club (reflecting the L3H
designation under the former Ottawa Zoning By-law). Further, the lands at 613
Hunt Club are not owned by the Hunt Club Golf Club and should remain
residential, and the provision requiring a large landscape buffer should continue
to apply but only apply if the lands are used as a golf course, as was
originally intended. |
Amend the Zoning Map, to
rezone the subject lands, as shown on Document 4, from R1MM[445]H(9) to
O1A[445]. Amend Section 239,
Exception 445 as follows: 1. Add the O1A[445] zone
designation in Column II. 2. Add the word “detached
dwelling” in Column III. 3. Add the following clause
in Column V: (1) a detached dwelling is
subject to the provisions of the R1MM zone 4. Renumber clause (1) to
(2) and add the following words before the number 7.5 metre, “for a golf
course use, a” 5. Renumber clause (2) to
(3) and add the following words before the words “no outdoor”, “for a golf
course use,” |
||||||||||||||||||||||||||||||||||||
975 Woodroffe Avenue Ward 7 |
The exception provisions which applied to this property under the former Ottawa Zoning By-law were not carried forward in the new Zoning By-law. The property, which is zoned institutional, is occupied by a detached dwelling and residential uses were additionally permitted under the former institutional zoning. |
Create and apply a new
exception [xxxx], as shown in Document 4, Column II – Applicable Zone, to
read, I1A [xxxx], Column III – Additional Land Uses Permitted, to read, -
detached
dwelling -
semi-detached
dwelling -
linked detached
dwelling -
three-unit
dwelling -
stacked
dwelling -
converted
dwelling -
planned unit
development -
diplomatic
mission and Column V – Provisions,
to read, -
for the
additional land uses permitted in Column III, the Zone Provisions for the R4
zone and the provisions for the R4A subzone shall apply. |
||||||||||||||||||||||||||||||||||||
1421, 1423 Woodroffe Avenue Ward 8 |
The former Nepean Urban
Zoning By-law 100-2000 permitted restaurant and restaurant, take-out in these
locations. These uses, which currently
exist, were not carried forward in the new Zoning By-law. |
Amend the zoning of the
property located at 1421, 1423 Woodroffe Avenue, as shown in Document 4, from
MC6 F(2.0) H(18.5) to MC6 [xxxx] F(2.0) H(18.5), Column III – Additional Land
Uses Permitted to read, -restaurant, full-service -restaurant, take-out |
||||||||||||||||||||||||||||||||||||
Text
Corrections |
||||||||||||||||||||||||||||||||||||||
793 Richmond Road Ward 15 |
Exception 164 of Zoning
By-law 2008-250 applies to this site and the wording reflects site specific
by-law amendment #2005-133 passed in 2005. This by-law was appealed to the
Ontario Municipal Board and a decision was issued (OMB Decision/Order No. 2567 issued
Sept. 29, 2005) which amended this
by-law. The OMB decision was
inadvertently not then reflected by modifying exception 164. |
Amend Section 239, Exception [164] to: 1. modify the first provision to add the words
“for a mid-high rise apartment or
mixed-use building , the” before the words “minimum rear yard setback is” and
to change the number “5” to
“1” 2. add the following conditions, in Column V –
Provisions; - for all other uses, the
minimum rear yard setback shall be 12 m - for a mid-high rise apartment
or mixed-use building, the minimum easterly side yard is 5 m - for a mid-high rise apartment
or mixed-use building, the minimum westerly side yard is 30 m - one loading space is required - the maximum height limit of a
mid-high rise apartment or mixed-use building is 47 m - the maximum height limit for
all other uses is 8.2 metres - minimum separation distance
of 9.8 metres above grade, between buildings on the lot |
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Subsection 109 (7) and (12) Landscaping requirements
for front or corner side yards on residential lots |
Reformat subsection (12), so that it is clear that the regulation applies only and specifically to the R1 through R5 Zones, in the same manner as subsection (11) which immediately precedes Subsection (12). Further, amend subsections (7) and (12) to specifically exclude a walkway of a maximum width of 1.8 metres, from having to be soft landscaped. Remove the bold on the whole of the text, while retaining bold on defined terms only |
Amend Subsection 109 (12)
to clarify that the clause applies only to the R1, R2, R3, R4, and R5 Zones. Amend Subsection 109 (7)
and (12) to add the following words, immediately after the reference to
“Section 65”: “and a walkway with a
maximum width of 1.8 metres,” |
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60, 240, 270, 300 Landry
Street and lands along Meilleur Private Ward 12 |
OMB Order #1254 was not completely implemented in
exceptions [1114] and [1452]. |
Amend Section 239 – Urban Exceptions by deleting the text
in Column V- Provisions of exception [1114] and replacing it with the
following text, General - The lands zoned R5D[1114] shall be considered as one lot for the purposes of applying the provisions of the zoning by-law, notwithstanding the future division of the land For apartment dwelling, low rise: - minimum front yard setback along Landry Street is 3.6 metres; - maximum permitted height: 13.5 metres; - maximum permitted number of storeys above grade: 3; - minimum yard setback fronting onto private streets or a parking lot is 2.5 metres; - minimum interior side or rear yard setback of 5.5 metres is required for an apartment dwelling, low rise; - a maximum of 60 dwelling units may be provided in an apartment dwelling, low rise; - the minimum distance between two apartment dwellings, low rise on the same lot is 11.5 metres; - the minimum distance between a parking lot
and public street is 1.8 metres; - the
minimum parking requirement for apartment dwelling, low rise is 1.1 parking
spaces per dwelling unit. For multiple
attached dwellings on a private street: - minimum
required rear yard setback of 6.0 metres; - minimum
required lot depth of 26 metres; - minimum
required interior side yard setback of 1.5 metres; - minimum
required corner side yard setback of 2.5 metres; - minimum
distance between a multiple attached dwelling and an apartment dwelling in
the adjacent R5D[1452] zone is 20 metres. Amend Section 239 – Urban
Exceptions by deleting the text in Column V- Provisions of exception [1452]
and replacing it with the following text, The lands zoned R5D[1452] shall be considered as one lot for the purposes of applying the provisions of the zoning by-law, notwithstanding the future division of the land For apartment dwelling, low rise, apartment dwelling , mid-high rise and retirement homes: - minimum front yard setback along Landry Street is 6.0 metres; - minimum yard setback abutting the Vanier Parkway is 9.5 metres; - minimum yard setback abutting the westerly property line is 12.5 metres; - minimum distance between an apartment dwelling or retirement home and a multiple attached dwelling in the adjacent R5D[1114] zone is 20 metres; - minimum distance between apartment dwellings or between an apartment dwelling and a retirement home is 20 metres; - minimum
distance between apartment dwellings that are above 9 storeys in height is 40
metres; - the
maximum number of dwelling units in an
apartment dwelling permitted in the zone is 529 units with no single apartment
dwelling containing more than 197 units; - the
maximum number of units in a retirement home is 203 provided that the total
number of dwelling units in other buildings within the zone does not exceed
385 dwelling units; - the
maximum permitted height of building to be used as an apartment dwelling,
mid- high rise or retirement home is 64 metres; - the maximum permitted number of storeys in
a building to be used as an apartment dwelling, mid- high rise or retirement home
is 20 storeys, however an additional storey used only as a mechanical
penthouse set in from the perimeter of the building is also permitted; - a
building within 40 metres of the property line abutting Landry Street may not
exceed a height of 28 metres; - the
minimum parking requirement for an apartment dwelling is 1 parking space per
dwelling unit and for a retirement home is 1 parking space for every 6 units.
|
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Properties at the northeast
corner of Canyon Walk Drive and Earl Armstrong Road, including along Bowercrest
Crescent, North Bluff Drive, Jersey Tea Circle and Eye Bright Crescent Ward 22 |
Clarification is needed in exception [1317] of zone R3VV regarding minimum setbacks from
street lot lines. |
Amend exception [1317] by deleting the following text, - minimum yard setback is 5 m,
except for a wall containing the main entrance to the apartment dwelling,
where the minimum is 3 m Replace the deleted text in
exception [1317] with the following text, -minimum yard setback from a
street lot line for an apartment dwelling is 5 metres, except for a wall
containing the principal access to an apartment dwelling, where the minimum
setback is 3 metres |
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174 Glebe Avenue Ward 17 |
A 2005 Ontario Municipal
Board hearing (OMB Order No. 0058 dated January 12, 2005) dismissed an appeal
against the Committee of Adjustment decision to increase the number of permitted
residents from 47 to 58. During the
Zoning By-law project, the 47 resident limit was not reflected, rather an
exception was created to permit up to 60 residents based on the outdated
information about the permitted size of the use. |
Amend Section 239, Urban
Exceptions, Exception [1268], Column V, to replace the maximum number of
residents in the retirement home, converted with the number 47. |
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50 Sussex Drive Ward 13 |
Exception [352] incorrectly
references Section 62 – Minimum Distance Separation. The exception should have referred to
Section 69 – Setback from Watercourses and Waterbodies. |
Amend Column V of exception
[352] by deleting the following text, “Section 62(1)” and
replacing it with “Section 69”. |
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5370 Canotek Road Ward 11 |
This site was part of a
business park, where all of the zones, with the exception of one, fell within
the same zone Mp in the former Gloucester Zoning By-law 333 of 1999, and
should have the same subzone as all of the other lands within the business
park. Column II of exception [293]
needs to be revised to indicate that the zoning is within the IL2 subzone,
and not the IL zone. The zone code on
the map has the IL2 subzone. |
Amend Column II of Section
239, Urban Exception [293] to replace the IL zone reference to IL2, so that
the correct zone code would be: “IL2 [293] H(14).” |
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Section
239 – Urban Exceptions, exception [783] and [922] |
These
exceptions are redundant and do not exist on the zoning maps. The provisions in these exception were
included in exceptions [1509] and [102] respectively, and applied to the
correct properties on the zoning map. |
Amend
Section 239 by deleting the text in Columns II, III and V of exceptions [783]
and [922], and adding the following
text to Column V: “Reserved for future use”. |
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1357
Baseline Road Ward
16 |
The
wording of clause 20(d) of exception [1711] of the AM[1711]S248,249 zone does
not accurately reflect the intention of the site-specific zoning by-law
amendment. Regarding Phase 1 of the
developemnt, at least two of the buildings should be along “either Baseline
Road or Clyde Avenue”, rather than “along Baseline Road and Clyde Avenue”. |
Amend
clause 20(d), Column V of exception [1711] in Section 239 – Urban Exceptions
by deleting the words, “along Baseline Road and Clyde Avenue”, and replacing
them with, “along either Baseline Road or Clyde Avenue”. |
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Lands
located between Didsbury Road and
Terry Fox Drive Ward
4 |
Clarification
is needed regarding the requirements that must be satisfied prior to the
lifting of the holding symbol for the IL7 [307]-h zone. |
Amend
Section 239 by adding the following text to Column V of exception [307], -the development of a retail store as
described in Section 204(7)(d) is prohibited until the holding symbol is
lifted.
Amend Column II of exception [307] by adding
the following zone, IL7[307] Amend Section 204 (7) by deleting subsection
(g) and renaming subsections (h) and (i) accordingly. |
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3684
Fallowfield Road Ward
3 |
This
property was zoned CA1 Blk1, Commercial Automotive Zone Block 1, under
the former Nepean Urban Zoning By-law.
The provisions for this zone included a 10.6 metre setback for all
yards, and a requirement for 6 metres of landscaped area, to reduce impacts
associated with automobile-related uses.
In Zoning By-law 2008-250, the property was zoned GM15 [189] H(8), a
General Mixed-Use subzone that permits a wide range of residential,
commercial and institutional uses.
However, the setbacks from the former zone, intended specifically for
automobile-related uses, were carried forward in exception [189], and applied
to all uses permitted in this General Mixed-Use subzone. These setbacks should only apply to the
automobile-related uses that were subject to these setbacks in the former CA1
Blk1 zone. |
Amend
exception [189] in Section 239 – Urban Exceptions by inserting above
the existing provisions in Column V the following text, “For
the uses automobile service station and gas bar the following provisions
apply:” |
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3211
Greenbank Road Exception
R5AA [1727] Ward
22 |
On January 13, 2010, City Council approved staff
report ACS2010-ICS-PGM-0016. The report specified that for the first four
storeys, all residential uses were required to have a parking ratio of 1
parking space per dwelling unit; a parking ratio of 0.75 spaces per dwelling
unit was required for any additional storeys over 4 storeys. Exception [1727] applies this parking
ratio to only apartment dwellings, whereas this ratio should apply to all
residential uses in the R5AA[1727] subzone. |
Amend Column V of exception [1727] by deleting
the text in that column and replacing it with, “-parking for residential uses: 1 space per dwelling unit
for the first four storeys; 0.75 spaces per dwelling unit for any additional
storeys over 4 storeys”. |
LIST OF ANOMALIES AND MODIFICATIONS TO ZONING
BY-LAW 2008-250 FOR CONSIDERATION BY BOTH PLANNING AND
ENVIRONMENT COMMITTEE AND AGRICULTURAL AND RURAL
AFFAIRS COMMITTEE DOCUMENT 3
Item |
Objective of Amendment |
Proposed Amendment |
||
Zoning Text Corrections |
||||
Section
138 Minimum
interior side yard setback between vertically attached dwelling units |
Although
the definitions of certain dwelling types formally recognizes that attached
dwelling units, including semi-detached, linked-detached, multiple attached,
and stacked dwellings have common walls that obviously cannot meet any
setback between such attached units, it is recommended that the regulation
that eliminates the requirement for any interior side yard setback, as well
as specific provisions for vertical common walls, that are required under the
R2 to R5 Zones, be applied to all such dwellings in all zones where these
uses are permitted. |
Create
under Part V – Residential Provisions, a new “Section 138 Regulations
affecting vertically attached dwelling units” 1.
Apply the following provisions under Section 138: “(1)
Minimum interior side yard setback is deemed to be 0 m between individual
dwelling units that are permitted to be vertically attached. (2)
A linked-detached dwelling must be connected by a common foundation wall that
is no greater than 1 metre above grade, and a minimum of 5 metres or more in
depth. (3)
A duplex dwelling may additionally have vertical separated gross floor area
of up to 15% of the upper unit. (4)
a semi-detached dwelling must have a vertical common wall that is 5 metres or
more in depth and 2.5 metres or more in height.” |
||
|
|
2.Delete
the following clauses in the R2 through R5 Zone Provisions, as these are
replicated and replaced by the new Part V, Section 138: -Subsections
157 (8), (9), (10), (11), and renumber (12) accordingly;- Subsections
159 (9), (10), (11), and renumber (13) accordingly; Subsections
161 (11), (12), (13), (14), and renumber (15) accordingly; and Subsections
163, (11), (12), (13), - (14) and renumber subsequent subsections accordingly
3.Wherever
one or more of the following dwelling types is listed as a permitted use in a
zone or subzone, add the phrase “See Part
V, Section 138” after each listing: Duplex
dwelling Linked-detached
dwelling Multiple
Attached dwelling Semi-detached
dwelling Stacked
dwelling |
||
Section
54 – Definitions - Mineral extraction operation |
The
definition of “Mineral extraction operation” refers to, “ancillary uses related to the operation including an asphalt plant and
a concrete batching plant.” In the Zoning By-law, an “ancillary use” means, “a
listed, permitted land use…”. An asphalt plant
and a concrete batching plant are not included in the list of land use terms in Appendix A – List of
Land Use Terms specifically mentioned or defined. The term “ancillary” should be deleted from the definition
of “Mineral extraction operation”. |
Amend
the definition of “Mineral extraction operation” in Section 54 by replacing
the words, “ancillary uses related to the operation”, with, “aggregate
related uses”. |
||
Section 54 – Definitions –
Private way |
The definition of “Private
way” refers to, “a privately-owned driveway, aisle or parking lot within a planned unit development that
leads to a public street.” A privately-owned driveway may also provide
access to a public street in other forms of development, such as for a shopping
centre. Further, as the definition of
“Driveway” in Section 54, “means a private way used for vehicular
access…” it is necessary to broaden the meaning of the term “Private way” to ensure that the
application of the term “Driveway” is not limited to planned unit
developments. |
Amend the definition of
“Private way” in Section 54 by deleting the text, “means a privately-owned driveway, aisle or parking lot within a planned unit development that leads to a public street. (voie privée)” and
replacing it with, “means a privately-owned driveway,
aisle or parking lot that leads to a public street, including a
privately-owned driveway, aisle or parking lot within a planned unit
development that leads to a public street. (voie privée)” |
||
Section
55 –Accessory Uses, Buildings and Structures |
Add
a new subsection 55(7) to state that Subsection 138 (1) applies in the case
of common interior side yard setbacks of attached dwelling units. |
Amend
Section 55, to create a new subsection 55(7) that states that subsection 138
(1), which deems a 0 m setback between two vertically-attached units,
applies. |
||
Section
56 – Adequate Municipal Services |
Section
56 (1) inadvertently limits the application of Section 56 to the urban
service area. In addition, the title
of Section 56 implies that this section applies only to areas of the city
that are serviced by the municipality.
Section 56 is intended to provide requirements for servicing for both
the urban and rural areas. |
Amend
the title of Section 56 by deleting the word, “Municipal”. Amend
the title of Section 56 by adding the following words to replace the word
“Municipal”, “Urban,
Suburban and Rural”. Amend
Section 56 (1) by deleting the words “the public service area of”. |
||
Section
65 – Permitted Projections into Required Yards |
Add
a new subsection 65 (e) to state that Section 138(1) applies in the case of
common interior side yard setbacks of attached units. |
Amend
Section 65, to create a new subsection 65(e) that states that subsection 138
(1), which deems a 0 m setback between two vertically-attached units,
applies. |
||
Section 100 (3) (b) Shared driveway width
between lands zoned residential |
This paragraph
inadvertently omits the village and rural residential zones (i.e. V1, V2, V3,
RR) by listing only the urban residential zones. The term “residential zone” includes the
village and rural residential ones, and this clause should be corrected
accordingly. |
Amend Section 100 (3) (b)
to delete the references to “an R1, R2, R3, R4 or R5”, and replace them with
“a residential zone”. |
||
Section 100 (4) – Temporary
placement of tents or similar structures |
Some places of worship have
been known to raise tents and similar structures for temporary uses in their
parking lots, although this Subsection fails to include the use amongst those
that are permitted to have such temporary structures. It is reccommended that places of worship
be included as one of the land uses that are permitted to contain temporary
structures on-site. |
Amend Subsection 100 (4) by deleting the word”or”
immediately before “shopping centre”, and by adding the phrase “or place of
worship” immediately following the term “shopping centre,”, so that the
clause would read: “Despite subsection (1), a seasonal
garden centre or a temporary special event accessory to retail store, retail
food store, shopping centre, or place of worship may be located such that it
temporarily prevents the use of a portion of the required or provided parking
spaces, aisles or driveways, provided that:” |
||
Section 107 (2) Minimum Driveway Width for
certain residential dwellings |
The minimum parking space
width is 2.6 metres (permission for a percentage of parking spaces within
apartment buildings, low-mid rise and high-rise may be reduced to a minimum
width of 2.4 metres). The minimum
driveway width is 3 metres for a number of uses, including ground-oriented
residential uses. It would be appropriate to reduce the minimum driveway
width for driveways, leading to a residential parking space, so that it is
the same width as the minimum parking space width. |
Amend Section 107(2) to
require a minimum width of 2.6 metres for a driveway that provides access to
a parking space for a detached, linked detached, semi-detached, duplex, multiple attached and stacked dwellings, where each dwelling unit has a driveway accessing a
garage or carport located on the same lot as that dwelling unit. |
||
Section 133 (2) Secondary Dwelling Units |
The intent of this subsection is to permit secondary
dwelling units only within principal dwelling units that are listed as
permitted uses in the zone in which the second unit is proposed. If a dwelling is not permitted, adding a
secondary unit within it would exacerbate the non-conformity. Similarly, subsection 133 (3) prohibits a
secondary unit where the lot is undersized, or legal non-complying in respect
of lot area or lot width. Where a dwelling is not permitted in the specific zone,
whether legal non-conforming or illegal, a secondary dwelling unit is not to
be permitted. |
Amend Subsection 133 (2) to delete the phrase “…that
permits any one or more of these dwelling types” and replace with: “…where
that dwelling type is a listed permitted use…”, so that the subsection would
read: “(2) A secondary dwelling unit is permitted in any
detached, linked-detached, semi-detached or duplex dwelling, in any zone
where that dwelling is listed as a permitted use provided:” |
||
Section 54 -Definition of
Heavy Industrial use |
The warehousing of
flammable, explosive or other hazardous materials should only be permitted as
a principal use in locations where a heavy industrial use is permitted. Currently, the storage of these materials
is permitted where a warehouse or storage yard use is permitted. |
Amend Section 54 –
Definitions by adding a semi-colon and the word “and” following the word
“materials” under (b) and adding the following text to the definition of heavy
industrial use, “ (c) the storage of these
products and materials.” |
||
LIST OF SITE-SPECIFIC
LOCATION MAPS DOCUMENT
4
Location Maps (attached) |
West of Greenbank Road to Grand Canal Street, north of Cambrian Road, and north and south of River Run Avenue (Attachment 1 and 2) |
Unaddressed parcels on Innovation Drive |
605, 609 and 613 Hunt Club
Place |
975 Woodroffe Avenue |
1421, 1423 Woodroffe Avenue |
ACS2010-ICS- PGM-0170 CITY-WIDE
/ À L’ÉCHELLE DE LA VILLE
(This matter is Subject to Bill 51)
The following correspondence was received with respect to this matter,
which was circulated and is held on file with the City Clerk:
·
E-mail dated 13 September 2010 with respect to 174
Glebe Avenue
·
E-mail dated 12 September 2010 from Guy Giguère with
respect to 174 Glebe Avenue
The Chair noted that
there was an additional amendment that required waiver of the rules of
procedure, as it was not distributed with the agenda. He noted that the amendment had the support
of the landowner, staff and the Ward Councillor, Councillor Desroches.
Moved by Councillor
P. Feltmate:
That the Planning And Environment Committee approve
the addition of this item for consideration by the Committee at today’s
meeting, pursuant to section 84(3) of the Procedure By-law (being by-law no.
2006-462).
CARRIED
Moved by Councillor
P. Feltmate:
That report number ACS2010-ICS-PGM-0170 be amended by:
3.
Adding the
following item to Document 1, regarding the property located at 429-435
(odd numbers only) Haileybury Street, 681-695 (odd numbers only) Paul Metivier
Drive, part of 125 Bren Maur Road,
Item |
Objective of Amendment |
Proposed Amendment |
Zoning Map Corrections |
||
Lands
located at 429-435 (odd
numbers only) Haileybury Street; 681-695 (odd numbers only) Paul Metivier
Drive; part of 125 Bren Maur Road Ward 22 |
By-law 2007-171 amended the former
Nepean Zoning By-law 100-2000 to permit the development of a residential
subdivision. The subdivision plan received draft approval and was registered
after the zoning amendment was approved.
The zoning in the former Nepean Zoning By-law 100-2000 and By-law
2008-250 does not reflect the approved land uses as shown in the registered
Plan of Subdivision. |
Amend
the Zoning Map, to rezone the subject lands, as shown in Document 4, from O1
to R3Z. |
4.
Adding the
attached zoning/location map to Document 4.
That there be no further notice
pursuant to Section 34 (17) of the Planning Act.
CARRIED
Committee then approved the report
recommendations, as amended:
That
Planning and Environment Committee recommend that Council approve the
amendments recommended in Column 3 of Documents 1 and 2, to correct anomalies
in Zoning By-law 2008-250, as amended by:
3.
adding the
following item to Document 1, regarding the property located at 429-435
(odd numbers only) Haileybury Street, 681-695 (odd numbers only) Paul Metivier
Drive, part of 125 Bren Maur Road,
Item |
Objective of Amendment |
Proposed Amendment |
Zoning Map Corrections |
||
Lands
located at 429-435 (odd
numbers only) Haileybury Street; 681-695 (odd numbers only) Paul Metivier
Drive; part of 125 Bren Maur Road Ward 22 |
By-law
2007-171 amended the former Nepean Zoning By-law 100-2000 to permit the
development of a residential subdivision. The subdivision plan received draft
approval and was registered after the zoning amendment was approved. The zoning in the former Nepean Zoning
By-law 100-2000 and By-law 2008-250 does not reflect the approved land uses
as shown in the registered Plan of Subdivision. |
Amend
the Zoning Map, to rezone the subject lands, as shown in Document 4, from O1
to R3Z. |
4.
Adding the
attached zoning/location map to Document 4.
That there be no further
notice pursuant to Section 34 (17) of the Planning Act.