5.         ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS –

SECOND REPORT 2012

RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – PREMIER TRIMESTRE DE 2012

 

 

PLANNING COMMITTEE RECOMMENDATION

 

That Council approve the amendments recommended in Column III of Documents 1 and 3 to correct anomalies in Zoning By-law 2008-250; and

 

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE RECOMMENDATION

 

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

 

 

 

RECOMMANDATION DU COMITÉ DE L’URBANISME

 

Que le Conseil approuve les modifications préconisées dans la Colonne III des documents 1 et 3 afin de corriger des anomalies dans le Règlement de zonage 2008-250; et

 

 

RECOMMANDATION DU COMITÉ DE L’AGRICULTURE ET DES AFFAIRES RURALES

 

Que le Conseil approuve les modifications préconisées dans la Colonne III des documents 2 et 3 afin de corriger des anomalies dans le Règlement de zonage 2008-250.

 

 

 

 

Documentation

 

1.         Deputy City Manager’s Report, Planning and Infrastructure Services dated 26 April 2012 (ACS2012-PAI-PGM-0110).


 

Report to/Rapport au :

 

Planning Committee

Comité de l'urbanisme

 

and / et

 

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des affaires rurales

 

and Council / et au Conseil

 

26 April 2012/ le 26 avril 2012

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Planning and Infrastructure/Urbanisme et Infrastructure

 

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

Ref N°: ACS2012-PAI-PGM-0110

 

 

 

SUBJECT:

ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - SECOND REPORT 2012

 

 

OBJET :

Règlement de zonage 2008-250 : anomalies et corrections mineures – premier trimestre de 2012

 

 

REPORT RECOMMENDATIONS

 

1.            That Planning Committee recommend that Council approve the amendments recommended in Column III of Documents 1 and 3 to correct anomalies in Zoning By-law 2008-250; and

 

2.            That Agricultural and Rural Affairs Committee recommend that Council approve the amendments recommended in Column III of Documents 2 and 3 to correct anomalies in Zoning By-law 2008-250.

 

RECOMMANDATIONS DU RAPPORT

 

1.            Que le Comité de l’urbanisme recommande au Conseil d’approuver les modifications préconisées dans la Colonne III des documents 1 et 3 afin de corriger des anomalies dans le Règlement de zonage 2008-250; et

 

2.            Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications préconisées dans la Colonne III des documents 2 et 3 afin de corriger des anomalies dans le Règlement de zonage 2008-250.

 

 

BACKGROUND

On June 25, 2008 City Council adopted Zoning By-law 2008‑250 affecting all properties within the city. The new Zoning By-law replaces the 36 Zoning By-laws of the former municipalities.  Staff have been monitoring the Zoning By‑law and identifying anomalies since its adoption.  Reports to correct these anomalies are being forwarded to Committee and Council for approval on a regular basis.

 

 

DISCUSSION

This report recommends amendments to correct a number of anomalies in the urban and rural areas of the city.  Document 1 provides recommendations for Planning Committee regarding anomalies in the urban area.  Document 2 provides recommendations for Agriculture and Rural Affairs Committee regarding anomalies in the rural area.  Document 3 provides recommendations for the consideration of both Committees regarding anomalies affecting both the rural and urban areas.  Zoning maps that are pertinent to site- or area-specific recommendations are included in Document 4.

 

The recommended amendments are intended to correct mapping errors, typographical errors and minor technical drafting errors in the Zoning By-law.

 

 

RURAL IMPLICATIONS

The rural implications are as outlined in Document 2.

 

 

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.

 

 

 

 

 

COMMENTS BY THE WARD COUNCILLORS

The proposed amendments are administrative in nature and affect all wards on a City‑wide basis.

 

 

LEGAL IMPLICATIONS

There are no legal implications associated with this report.

 

 

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications associated with this report.

 

 

FINANCIAL IMPLICATIONS

There are no direct financial implications.

 

 

ACCESSIBILITY IMPACT

There are no accessibility impacts associated with this report.

 

 

TECHNOLOGY IMPLICATIONS

There are no direct technical implications associated with this report.

 

 

TERM OF COUNCIL PRIORITIES

SE2 – Improve Operational Performance

 

 

SUPPORTING DOCUMENTATION

Document 1  List of Anomalies and Modifications to Zoning By-law 2008-250 for consideration by the Planning Committee.

Document 2  List of Anomalies and Modifications to Zoning By-law 2008-250 for consideration by the Agriculture and Rural Affairs Committee.

Document 3  List of Anomalies and Modifications to Zoning By-law 2008-250 for the consideration of both the Planning and Agricultural and Rural Affairs Committees.

Document 4  Location Maps.

 

 

DISPOSITION

Planning and Growth Management Department will prepare the implementing by-law.  This will be forwarded to Legal Services who will then bring the by-law to City Council.

 


LIST OF ANOMALIES AND MODIFICATIONS                                                DOCUMENT 1

TO ZONING BY-LAW 2008-250 FOR CONSIDERATION

BY THE PLANNING COMMITTEE                                                                                              

 

Item

Objective of Amendment

Proposed Amendment

Zoning Map and Text Corrections

1. 200 Somerset Street East  

 

Schedule 232

 

Ward 12

This property is subject to Schedule 232 of the Zoning By-law, which illustrates maximum permitted building height and yard setbacks for King Edward precinct lands.

 

Schedule 232 came into effect in 2010 but a recent survey of the subject property contradicts some of the dimensions shown on the schedule.  The areas of discrepancy are internal to the proposed development; all yard setbacks remain the same.

 

It is recommended that Schedule 232 be revised to reflect the accurate dimensions of the recent survey.

 

Amend Schedule 232 of By-law 2008-250, as shown on the revised schedule in Document 4. 

 

 

2. 415 Piccadilly Avenue

 

Ward 15

This property is a church, zoned I1A[1465].

 

Exception [1465] lists a minimum parking requirement of 3.7 parking spaces per 10m2 of gross floor area, which is an exceptionally high parking requirement that had been implemented through By-law 2007-494.  However, the intended parking rate was in fact 3.7 parking spaces per 100m2.

 

It is recommended that this technical error be amended to reflect the intended parking rate.

Amend Section 239 of By-law 2008-250, Exception [1465]. 

 

Under Column V – Provisions, amend the minimum required parking rate of 3.7 spaces per 10m2 of gross floor area so that it now reads:

 

- the parking required for a place of worship is 3.7 spaces per 100m2 of gross floor area

 

3. Section 190

 

 

Urban Area

The former Cumberland Zoning By-law contained the CCN zone – Commercial Convenience Neighbourhood, which was carried forward in By-law 2008-250 as the LC5 – Local Commercial subzone.  At the time of the 2008 By-law consolidation it was intended that only those uses previously permitted under the former municipalities’ zoning would be carried forward to the LC zones.

 

However, ‘restaurant’, which was previously permitted in the CCN zone, was not carried forward as it should have been.  It is therefore recommended that ‘restaurant, full service’ be added as a permitted use in the LC5 subzone.

 

Amend Subsection 190(5)(a) of By-law 2008-250 by adding “restaurant, full service” to the list of permitted uses.

 

4. 1002 Karen Way

 

Ward 13

This property was subject to a Zoning By-law Amendment which was approved by the Ontario Municipal Board in January 2008.  The Board order was correctly implemented in the former Ottawa Zoning By-law, however it was not correctly carried over to Exception [1473] of By-law 2008-250, which erroneously omitted the prohibited uses – “all other uses except for an 8-unit planned townhouse development and a 10-storey apartment building.” 

 

It is recommended that this wording be re-inserted into Exception [1473].

 

Amend Section 239 of By-law 2008-250, Exception [1473].

 

Under Column IV – Land Uses Prohibited, add the following:

 

-all other uses except for an 8-unit planned townhouse development and a 10-storey apartment building.

5. 1442 Baseline Avenue

 

Ward 8

 

This property is zoned Residential First Density – R1FF[632].

 

The property was zoned Commercial Automotive – CA3(CN) in the former Nepean Zoning By-law, and there is currently an automobile service station on site.  Furthermore, the property is designated as Arterial Mainstreet in the Official Plan.  It is therefore recommended that the property be rezoned Arterial Mainstreet – AM in order reflect the commercial use of the property and to bring the zoning into conformity with the Official Plan.

Amend the Zoning Map for By-law 2008-250 for the property shown in Document 4.

 

Delete the zone code R1FF[632] and replace with AM[632].

6. 450, 500 and 550 Terminal Avenue

 

55, 100, 150 and 165 Trainyards Drive

 

515, 641, 651 and 663 Industrial Avenue

 

820 and 848 Belfast Road

 

Ward 18

By-law 2011-433, passed in December 2011, was intended to remove the limit on Gross Floor Area and reduce the required parking rate on the subject lands.  However, the By-law did not completely implement the intended zoning in Exception [1387]; it is therefore recommended that the exception be amended to implement the zoning as intended in the Council-approved report.

Amend Section 239 of By-law 2008-250, Exception [1387].

 

Under Column V – Provisions, delete the following:

 

-the maximum gross leasable area is 40,000 m2

 

-for a retail commercial use having a gross leasable area of more than 16,000 m2, parking must be provided at a rate of at least 4.61 parking spaces for every 100 m2 of gross leasable area

 

 

 


LIST OF ANOMALIES AND MODIFICATIONS                                                DOCUMENT 2

TO ZONING BY-LAW 2008-250 FOR THE CONSIDERATION

OF THE AGRICULTURAL AND RURAL AFFAIRS COMMITTEE                                       

 

Item

Objective of Amendment

Proposed Amendment

Zoning Map and Text Corrections

1. 8930 and 8944 Flewellyn Road

 

Ward 21

An error occurred in the Heritage Overlay mapping for 8930 and 8944 Flewellyn Road, as the overlay was applied in error to 8930 Flewellyn, which is a park, when it should have been applied to 8944 Flewellyn, a church designated under the Ontario Heritage Act.

 

Therefore it is recommended that the properties be rezoned so that the Heritage Overlay is applied to the correct property.

 

Amend the Zoning Map of By-law 2008-250.

 

Rezone the properties as shown in Document 4 by deleting the Heritage Overlay from 8930 Flewellyn Road and adding the Heritage Overlay to 8944 Flewellyn Road.

2. Parts of 2013 Old Carp Road

 

 

Ward 5

This property is zoned both Rural Institutional - RI5[18r] and Rural Countryside – RU.

 

The site is currently a school.  The previous I-2 – Institutional zoning in the former West Carleton Zoning By-law permitted the school and additional uses, one of which was an auditorium.

The auditorium land use was not carried over to By-law 2008-250; therefore it is recommended that By-law 2008-250 be amended to permit an auditorium, accessory to the school, by amending the appropriate development standards with a new Exception [xxxr].

 

Amend the Zoning Map for By-law 2008-250 for parts of 2013 Old Carp Road.

 

Rezone the portion of the property zoned RI5[18r] from R15[18r] to RI5[xxxr], as shown in Document 4.

 

Amend Section 240 of By-law 2008-250.  Add Exception [xxxr] to apply to that portion of 2013 Old Carp Road zoned RI5[xxxr].

 

Add under Column II – Applicable Zone:

 

-RI5[xxxr]

 

Under Column V – Provisions add:

 

-minimum lot width of 30 m

 

-the lots zoned RI5[xxxr] are considered one lot for zoning purposes.

 

-Section 59(1)(b) shall not apply to the lots zoned RI5[xxxr].

 

3. Riverwood Village Subdivision

 

Ward 21

The current Flood Plain Hazard Overlay zoning on these lands is based on the flood plain mapping of the Rideau River prepared for the Rideau Valley Conservation Authority (RVCA) in 2001.  Two permits (RV6-43/06 and RV6-18/08) were issued by the RVCA in 2006 and 2008 for approval to undertake a balanced cut and fill to revise the floodplain boundary on the subject lands. The grading works were completed in 2008 and the combined ‘as-built’ elevation surveys for the subject lands comply with the approved RVCA permits and with the grading plans as approved in the registered plan of subdivision.

 

On April 2, 2012 the RVCA revised its floodplain boundary mapping to reflect the completed grading on the subject lands.  It is recommended that the City’s Zoning Map be amended accordingly.

 

Amend the Zoning Map of By-law 2008-250 to show the new boundaries of the Flood Plain Hazard Overlay for the map shown in Document 4.


LIST OF ANOMALIES AND MODIFICATIONS                                                DOCUMENT 3

TO ZONING BY-LAW 2008-250 FOR THE CONSIDERATION

OF BOTH THE PLANNING AND AGRICULTURAL

AND RURAL AFFAIRS COMMITTEES                                                                                      

 

Item

Objective of Amendment

Proposed Amendment

Zoning Map and Text Corrections

1. Section 127 – Home-Based Business Provisions

 

City-wide

Hair salons are listed in Subsection 127(14)(d), however a hair salon no longer requires a business licence; hence, permission under Subsection 127(14) is no longer required in order to establish a hair salon as a home-based business.

 

It is recommended that Subsection 127(14)(d) be deleted in order to eliminate this out-dated reference.

 

Amend Subsection 127(14) of By-law 2008-250 by deleting Subsection 127(14)(d) which reads:

 

(d) hair salons, limited to a maximum of two coiffeur chairs.

2. Section 11

 

City-wide

Subsection 11(3) and Section 23 of the General Rules of Interpretation of By-law 2008-250, contain essentially the same statement – that words used in the By-law have their ordinary meaning, unless otherwise defined.  There is no need to state this information more than once.

 

It is recommended that the redundancy be eliminated by deleting Subsection 11(3).

 

Amend Section 11 of By-law 2008-250 by deleting Subsection11(3) which reads:

 

“(3) the words used in the by-law have their ordinary meaning, unless otherwise defined.”

 

3. Section 9

 

City-Wide

Section 9, Transition, is no longer required as the transition period for recognizing approvals under the former municipalities’ by-laws has passed.  It is recommended that Section 9 be deleted.

 

Amend Section 9 of By-law 2008-250 by deleting the text in its entirety and replacing it with the following:

 

-Reserved for Future Use

4. Section 101 – Minimum Parking Space Rates

 

Table 101

 

City-Wide

Former Ottawa By-law 93-98 did not require parking for dwelling units on lots abutting Bank Street, Bronson Avenue, Elgin Street and Somerset Street in the downtown area.  This was intended to be carried forward to By-law 2008-250, however an error in the formatting of Table 101, row (d) has resulted in the incorrect implementation of this provision.

 

It is recommended that the table be re-formatted to accurately carry forward the former Ottawa parking provision for lots abutting Bank Street, Bronson Avenue, Elgin Street and Somerset Street West, north of the Queensway.

 

Amend Section 101 of By-law 2008-250, Table 101, row (d).

 

 

Delete from row (d)(i) the words “on lots abutting Bank Street, Bronson Avenue, Elgin Street and Somerset Street north of the Queensway - none” and replace them in an appropriate location with the words “despite (i), on lots abutting Bank Street, Bronson Avenue, Elgin Street and Somerset Street West, north of the Queensway”, such that the minimum required parking rate in these situations is “none”.

 

 


LIST OF SITE-SPECIFIC LOCATION MAPS                                                   DOCUMENT 4

 

Location Maps (attached)

Schedule 232 to Zoning By-law 2008-250

1442 Baseline Avenue

8930 and 8944 Flewellyn Road

2013 Old Carp Road

Riverwood Village Subdivision

 

LOCATION MAP                                                                                                    DOCUMENT 5

schedule_232_rev

 

Baseline1442

 

Flewellyn_8930_8944

oldcarp2013

Riverwood_Village_floodplain