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

November 6, 2008/le 6 novembre 2008

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,

Community Planning and Design/Aménagement et conception communautaire,

Planning Branch/Direction de l’urbanisme

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

City Wide/à l'échelle de la ville

Ref N°: ACS2008-ICS-PLA-0224

SUBJECT:	COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTION - THIRD REPORT

OBJET :	RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – TROISIÈME RAPPORT

REPORT RECOMMENDATIONS

1. That Planning and Environment Committee recommend that Council approve the amendments recommended in Column 4 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 4 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 4 du Document 1 afin de corriger des anomalies dans le Règlement de zonage 2008-250;

2. Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications recommandées dans la Colonne 4 du Document 2 afin de corriger des anomalies dans le Règlement de zonage 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 have 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

Since the adoption of the Zoning By-law 2008-250, staff have monitored the new by-law and have identified certain anomalies that are being recommended for correction. Documents 1 and 2 provide staff recommendations to Planning and Environment Committee and Agriculture and Rural Affairs Committee on the anomalies, and include details of the recommended amendments in the urban area in Column 4 of Document 1, and amendments to the rural or greenbelt areas in Column 4 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 which were not accurately reflected in the Comprehensive Zoning By-law.

Further, at their meeting of August 21, 2008, in considering the first anomaly report for By‑law 2008-250 with respect to proposed changes to 2485 Carp Road; the Agriculture and Rural Affairs Committee recommended that Council hold off approving the recommended changes identified in Item 2 of Document 2 of report ACS2008-PTE-PLA-0176, in order for staff to review whether or not a “conservation use” definition should be inserted into the Zoning By-law. Specifically, Mr. Gary Marshall in speaking to Committee that day, suggested that the former West Carleton definition be adopted.

The definition in the former West Carleton Zoning By-law for conservation use was as follows:

"Conservation use" means the maintenance of the natural environment for the purposes of preservation, research, observation and outdoor uses such as hiking, hunting and fishing. This definition may include the erection and use of trail shelters and other similar structures ancillary to the foregoing uses but shall not include the use of a dwelling house, a mobile home, a tourist vehicle or a tourist trailer".

Under the new Comprehensive Zoning By-law, the corresponding land use is now called an "Environmental preserve and education area". Not all land uses are defined in zoning by-laws as a definition is only required if the natural meaning of the words are not clear. This particular land use is not defined in By-law 2008-250 and it is felt that it is not necessary to provide a definition for this use, nor is it necessary to add a new land use, that being "Conservation use" since there is a new land use replacing this term. Document 2 does propose to add the land use "Environmental preserve and education area" to the permitted uses for 2485 Carp Road, which replaces the previous "conservation use" permitted on these lands, but without the need for a definition.

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 first class or electronic mail.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

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 Agriculture and Rural Affairs Committee

Document 3 Location Maps

DISPOSITION

Infrastructure Services and Community Sustainability Department to prepare the implementing by-law, forward it to Legal Services Branch

Legal Services Branch to bring forward report and by-law to Ontario Municipal Board.

LIST OF ANOMALIES AND MODIFICATIONS

TO ZONING BY-LAW 2008-250 FOR CONSIDERATION

BY PLANNING AND ENVIRONMENT COMMITTEE DOCUMENT 1

Item No.	Reference	Objective of Amendment	Proposed Amendment
1	3200 Walkley Road	The zoning of the Walkley Yards, the area between Albion and Conroy which under the former Ottawa Zoning By-law was zoned for Heavy Industrial uses, was inadvertenly changed from IH - Heavy Industrial to IL - Light Industrial, between the May 2007 draft of the zoning by-law and the final adopting by-law.	Change the zoning map to rezone the lands from IL to IH, as shown in Document 3
2	3702 Prince of Wales Drive	This portion of the existing cemetery lands is zoned I1B - Minor Institutional, which does not recognize the current land use. The remainder of the cemetery (3700 Prince of Wales) has been correctly zoned I1D in a recent amendment, and this site should be placed in the same zoning.	Change the zoning map to rezone the lands from I1B to I1D, as shown in Document 3
3	Section 133 - Secondary Dwelling Units	When the clauses detailing the interpretation of density counts, including maximum number of units per hectare and maximum number of dwelling units, secondary dwelling units and garden suites from such counts were inadvertently deleted. To ensure the implementation of the secondary dwelling unit report and zoning amendment, staff recommend a modification to Section 133, to specify that secondary dwelling units are excluded from any density regulations and counts.	Amend Section 133 to add a new clause (17) immediately following clause (16), as follows: "(17) Secondary dwelling units must not be limited by, nor included in, any density control requirement, including the maximum number of dwelling units, or maximum unit per hectare."
4	Exceptions to Section 125 (c) - Group Homes	Exception zones were created or modified to include a provision that indicates that "Section 125 (c) does not apply", prior to revisions being made to Section 125. Paragraph (d) is the correct reference indicating that the minimuim separation area does not apply.	Modify Exceptions [6], [1115], [1269], [1338], [1339], [1340], [1346] and [1347] to replace (c) with (d).
5	Exception [1636]	Exception [1636] should be revised to correct an anomaly in a recent omnibus amendment by deleting the contents of Columns III and V, and adding the words "Minimum front yard setback for a multiple attached dwelling: 3 metres" to Column V.	Delete the contents of Columns III and V of Exception [1636], and add the words "Minimum front yard setback for a multiple attached dwelling: 3 metres" to Column V
6	Sawmill Creek, from the Rideau River to Hunt Club Road	The location of the floodplain overlay is missing from the Sawmill Creek area, as it was not included in the floodplain data received from the Rideau Valley Conservation Authority, since the mapping is part of the separate Sawmill Creek Watershed study. The RVCA have advised the mapping should have been included. The floodplain overlay is similar to that mapped in the former Ottawa Zoning By-law.	Re-instate the floodplain overlay, on the zoning map,as it affects the lands located along the Sawmill Creek, as shown in Document 3.
7	1018 Marconi Avenue	Rezone the eastern portion of 1018 Marconi Avenue from the current R5A[1557] to R3Z[1306] to implement By-law 2007-188	Change the zoning map to rezone the lands along the eastern portion of 1018 Marconi Avenue from R5A[1557] to R3Z[1306], as shown in Document 3
8	348 Woodroffe Avenue	Delete incorrect reference to "tp"- (added in error- this terminology is not used in new by-law)	Change the zoning map to rezone the lands from R4D[984]-tp to R4D[984], as shown in Document 3
9	4101 and 5025 Innovation Drive	An error was made during the incorporation of By-law 2006-358 into former Kanata Zoning By-law 132-93 consolidation, and since those consolidations were used during the preparation of the Comprehensive Zoning By-law, the anomaly was replicated. As well, By-law 2006-358 permitted a restaurant, and a restaurant- take out, and those are interpreted to mean a restaurant is permitted under the Comprehensive Zoning By-law, but without a drive through facility.	Change the zoning map to rezone 4101 Innovation Drive from IG6[218]H(44) to IG6 H(44) and 5025 Innovation Drive from IG6 H(44) to IG6[218]H(44), as shown in Document 3. Add the following use as an additional permitted use in Exception 218: restaurant.
10	Part of 1941 Ogilvie Road	In former Gloucester, these lands were zoned a Government zone and had no height limit or floor area controls. Because they were designated Employment area in the Official Plan, they were assigned an IL - light industrial zone with exception [249] limiting the uses to office type development. The IL zone has a standard height of 18 metres and it has been identified that there is an existing building on site that is higher than this height. The zoning should reflect this existing building height at 32 m. The density control in the IL zone will continue to apply.	Change the zoning map to rezone the lands from IL[249] to IL[249]H(32), as shown in Document 3.
11	20 Frank Nighbour Place	The existing zoning in the former Kanata Zoning By-law included a "f" suffix which indicated flood proofing requirements within the flood fringe. While these requirements were orignially inserted into exception [303] for this site, when a site specific amendment for this property was approved, a new exception [1414] was created and the flood proofing provisions should have been carried over since this was a site specific amendment.	Add the following to Column V of Exception [1414]: - for those lands located within the flood fringe, which are defined as any lands at a ground elevation of 94.2 metres or less, the following provisions apply: (1) all dwelling units, rooming units, secondary dwelling units and garden suites and any related major building service such as mechanical or electrical services, and all additions or alterations which expand a non-complying building or structure must be at least 0.3 metres above the regulatory flood level, and (2) all non-residential uses must be flood proofed to at least the regulatory flood level of 94.4 metres G.S.C.D..
12	15 Frank Nighbor Place, 737 and 777 Silver Seven	The existing zoning in the former Kanata Zoning By-law did not include an "f" suffix on these properties, but they are currently zoned with exception [303] which does carry over flood proofing provisions but which should only apply to 50 Frank Nighbor Place, in addition to 20 Frank Nighbor Place.	Change the zoning map, as shown in Document 3, to rezone the lands from IL6[303]H(30)-h to IL6[xxx]H(30)-h; an exception that replicates the provisions of Exception [303], except for the flood proofing provisions contained in exception [303].
13	613 Hazeldean Road	These two small parcels of land are zoned AM7[1570]-h, with a floodplain overlay. In the former Kanata zoning for these properties, reference is made to applying the flood proofing measures once they are removed from the floodplain after the "f" suffix is removed. This provision was not reflected in exception [1570] in accordance with the site specific amendment for these lands.	Modify exception [1570] to: - add "[1570]-h" after the letters "AM7", and - add the provision after the last provision in the exception that states has the effect of inserting the following provision upon removal of the flood plain overlay: " -the lands are located in the flood fringe, which are defined as lands at a ground level elevation of 95.2 metres or less, and all permitted uses must be flood proofed in accordance with the following provisions: (a) any building and related major building services such as mechanical or electrical services, must be located at least 0.3 metres above the regulatory flood level; (b) all residential and non-residential uses must be flood proofed to 0.3 metres above the regulatory flood level"
14	8, 10, 12 and 14 Nairn Street	The area in Westcreek Meadows along parts of Kincardine, Nairn and Dunnet, which is now developed with detached and townhouse dwellings had an "f"suffix under the former Kanata Zoning By-law indicating flood-proofing measures applied. These were not carried over in the Comprehensive Zoning By-law, however part of the lands should have retained the flood proofing provisions as the lands are still within the flood fringe. However, the rest of the area is no longer in the flood fringe and therefore it is appropriate not to have applied the flood proofing measures to the other lands.	Change the zoning map affecting the lands to R3X[xxx], as shown in Document 3, with the exception indicating the following: "-the lands are partially located in the flood fringe, as defined by lands located at a ground elevation of 95.2 metres or less, and all permitted uses must be flood-proofed in accordance with the following provisions: (a) any dwelling unit and related major building services, such as mechanical or electrical services, shall be located at least 0.3 metres above the regulatory flood level. (b) all residential uses must be flood proofed to 0.3 metres above the regulatory flood level.
15	Section 3.(3) Non-Conformity and Non-Compliance	Revise the wording to clarify the intent that all buildings, structures and facilities are subject to these provisions (including septic and other servicing systems)	Revise Section 3.(3) to state "When a building, structure, facility or otherwise, including septic and other servicing systems, used in connection..."
16	Section 198(9)(a)	Delete "place of assembly" from TM9 Subzone permitted uses, as it is redundant since this use is already permitted in the TM primary zone	Delete "place of assembly" from Section 198(9)(a)
17	Section 204(7)(h)	Revise wording to reflect the intent of the former By-law 142-93 for the Kanata Town Centre Special Employment Area.	Delete the words "office is not a permitted primary use on lots greater than 5500 m² in area" and replace with the words "maximum gross floor area of 5500 m² is permitted for office use that is the primary use of the lot".
18	260 Sunnyside Avenue	Rezone these lands from L3[321] to L1 with a new exception to reflect the intent of the former Ottawa zoning.	Rezone these lands from L3[321] to L1[xxx], as shown in Document 3 , with a new exception that states "3 parking spaces to be provided, each with a minimum width of 2.7 metres"
19	2636 Mac Street	The unit per hectare suffix U(60) should be removed from the zoning map, as the U suffix is no longer used.	Amend the zoning map, for 2636 Mac Street , as shown in Document 3, so that the zoning is GM16 F(0.6).
20	Mer Bleue Road at Proposed Blackburn Bypass Extension	Implement amending By-law 2006-439 in the new Zoning By-law	Change the zoning map to rezone the lands from partially DR, R5XX[1312] and R3XX[1312] to MC[1573] and R4A[1572] as shown in Document 3.
21	Section 106(5)	Clarify that the permission for small vehicle parking spaces only applies in the case of a parking lot (4 or more parking spaces)	Add Section 106(5)(d) which states “the parking space must be located in a parking lot”
22	Residential Zone Endnotes - interior side yard requirements on corner lots	Where a minimum total interior side yard setback has been noted in the Residential Subzone Tables as "varies", it refers the reader to specified Endnotes. The Endnotes apply a minimum total interior side yard, with at least a specified amount per side yard. This minimum is too large when applied in its totality on the only one interior side yard on corner lots. Suggest clarifying that the minimum required for the only interior side yard setback on a corner lot is reduced by 50%, in recognition of the already larger corner side yard requirment.	Amend the following Endnotes in Part 6 and listed below by revising and adding new wording as detailed below. 1.Replace the words “with no yard less than…” or “with one yard at least” with the following: “…with one minimum yard, no less than…”; and 2. Adding an additional sentence: “In the case of a corner lot, the minimum required interior side yard setback equals the minimum stated herein for one yard. Affects Endnotes: R1 - Endnotes 3, 5, 6, 7, 8, 10; Table 156 B R2 - Endnotes 7, 8; Table 158 B R3 - Endnotes 3, 4, 5, 6; Table 160 B R4 - Endnotes 5, 6, 7, 8; Table 162 B R5 - Endnote 16; Table 164 B
23	IL1 subzone - Kanata Town Centre, Hearst Way	In the IL1 Subzone, provisions (i) and (ii) of Sections 204 were intended to be deleted since they do not reflect the current Kanata Town Centre provisions, but a technical problem with the track changes tool to make changes to the text meant that the words were not deleted in the production of the final document.	Delete subclauses (i) and (ii) from Section 204(1)(a); and replace the word “does” with “do”in Section 204 (1) (a).
24	Part of 200 Besserer Street	The zoning boundary bisects this property - it should, in fact, follow the property line between 200 and 222 Besserer Street	Change the zoning map to rezone the lands from R5F S270 to R5F[986]H(36), as shown in Document 3.
25	Table 55 – Provisions for Accessory Uses, Buildings or Structures	Clarify intent that the minimum required setback of an accessory use, building, or structure from a front lot line is the same as the setback required for the principal dwelling	Revise wording of row (2) to state "Same as required for principal building”
26	Table 65 - Permitted Projections Into Required Yards	Specify that uncovered, unenclosed features such as decks or platforms are not subject to a setback, but only in cases where the walking surface is not higher than 0.6 m above adjacent grade. This is intended to mirror the building permit exemption for decks where the walking surface is 0.6m or less above the adjacent grade. In all other cases, decks and platforms would be subject to a setback.	Revise wording of Row (6)(a) to state that the required setback for “uncovered, unenclosed features such as decks or platforms where the walking surface is not higher than 0.6 m above adjacent grade- no limit”
27	Exception [1332], Stittsville Main Street	Exception [1332] which applies only to Stittsville Main Street is redundant as it repeats the provisions already applicable to the TM9- Stittsville Main Street Subzone	Delete the text of Exception [1332] in Section 239 and delete references to Exception [1332] on Stittsville Main Street on the zoning maps, as shown in Document 3
28	1491 Stittsville Main Street	Property is zoned TM[465] H(15), but should have been rezoned to TM9[465] H(11) as per Council’s direction at the draft Zoning By-law public hearings (all of Stittsville Main Street was to be zoned TM9 with a maximum 11 metre height). This change will not affect the conformity of the existing development.	Change the zoning map to rezone the lands from TM[465] H(15) to TM9[465] H(11), as shown in Document 3.
29	2298 Midway Avenue	The site is developed with a number of residential dwellings, of which the most northern dwelling was not captured within the R3A zone that covers the remainder of the site.	This anomaly was created during the development of former Ottawa’s Zoning By-law 93-98 and should be corrected to ensure that all of the dwellings at 2298 Midway are zoned in the same R3A subzone. Amend the zoning map to correct the anomaly, as shown in Document 3.
30	Area zoned R2S[773] extending north to Rahul Crescent, south and east to the back of lots fronting on Kochar Drive, and west to Prince of Wales Drive	The exception number should be [1194] and not [773]	Amend the zoning map to replace the exception number [773] with [1194] and apply to lands zoned R2S and generally bounded by Rahual Crescent, Kochar Drive and Prince of Wales Drive, as shown in Document 3.
31	4401 and 4451 Fallowfield Road	The address noted in the Exception was changed following the adoption of the site-specific zoning amendment, which meant that the original property (4401) was permitted the additional uses, but the applicable site should be 4451 Fallowfield, the site that was severed post-site-specific zoning by-law adoption	Modify Exception [1219], Column III by replacing the address 4401 Fallowfield with 4451 Fallowfield.
32	Definition of front lot line and side lot line	Revise definition of front and side lot line to clarify that a corner sight triangle does not qualify as the front or side lot line. It was not intended that these “corner cut-offs” would serve as the lot line	Revise the definition of front lot line and side lot line to specify that a corner sight triangle does not qualify as the lot line.
33	940 Belfast Road	Former Ottawa IL[272]F(1.0) zoning is not reflected in the new IL[446] zone. Revise Exception [446] provisions to implement former Ottawa zoning (exception [446] applies only to this site)	Revise Exception [446] to state as follows: 1. Applicable Zone- IL[446] 2. Land Uses Prohibited- medical facility 3. Provisions- office limited to 2726 square metres
34	775-795 March Road	This anomaly correction is intended to address an appeal to Comprehensive Zoning By-law 2008-250. Reinstate the LC H(11) zoning and applicable exception provisions for this site shown in the March, 2008 version of the new Zoning By-law, which reflects the former Kanata CG Zoning (note that the holding symbol shown in the March, 2008 draft is no longer required as the holding provisions were lifted from the former Kanata Zoning By-law by City Council; also note that take-out restaurants with drive-throughs are permitted in the former CG Zone for this property)	Change the zoning map to rezone the lands from LC7 to LC[xxx] H(11), as shown in Document 3, and create and apply a new exception to the site which states as follows: 1. Additional land uses permitted: "drive-through facility"; 2. Provisions: "Sections 189(1)(b) and 189(1)(c) do not apply"
35	2844 Ahearn and 2805 Carling Britannia Park (Tennis Centre West Ottawa)	O1D Zoning does not recognize the indoor (inflatable domed) tennis facility, whereas the former Ottawa LIB Zoning does (recreational and athletic facility)	Change the zoning map to rezone the lands from O1D to O1D-Exception[XXX], as shown in Document 3, that permits a "recreational and athletic facility" as an additional permitted land use
36	1645 and 1665 Russell Road	Rezone lands from IL1[264] S102 to IL[264] S102 as IL1 Subzone should not apply to this site (applies only to Hearst Way lands)	Change the zoning map to rezone the lands from IL1[264]S102 to IL[264] S102, as shown in Document 3.
37	Exception [1627]	Amend Exception [1627] to permit a 0.0 metre setback from the lot line at a corner sight triangle, as indicated in amending By-law 2008-209, approved in May, 2008	Amend Exception [1627], Column V-Provisions to add the provision "0.0 metre setback required from the lot line at a corner sight triangle"
38	280 Didsbury Road/45 Goulbourn Forced Road	The site is zoned "IL7[1412] H(24)-h" in the Comprehensive Zoning By-law. A Council decision for an Official Plan Amendment to the former City of Kanata Town Centre Secondary Plan and Zoning By-law Amendment to the former City of Kanata Zoning By-law to allow warehouse and retail store (and to address other policy and zone provisions), was approved on August 29th, 2007 for lands municipally known as 280 Didsbury Road/45 Goulbourn Forced Road. The Light Industrial Subzone 7 (LI7) in the City's Comprehensive Zoning By-law does not allow the full range of uses permitted by way of the above noted amendments. Specifically, the definition of a retail use in the IL Subzone limits retail uses to the sale of appliances, furniture, floor covering, paint and wall coverings, doors, windows, building materials supplies, plumbing supplies, electrical supplies, heating and cooling supplies, kitchen and bathroom cabinets and fixtures, specialty tools, garden supplies and any products directly relating to the foregoing. The definition would limit the use of the land to a home improvement store, which: i) is not the developers vision for the lands, ii) is not consistent with the current tenants on the lands, and iii) is contrary to private covenants on the lands (restricting a home improvement store to avoid a conflict with the Canadian Tire store to the north, along Campeau Drive). The main or short-term concern is that the optical retail outlet could be considered legal non-conforming, although transition policies in Section 9 of the new Comprehensive By-law may provide some relief.	Section 204(7)(d) is deleted and replaced with the following: - for a retail store, the maximum gross floor area is 4,999 m² The following provision is added immediately following Section 204(7)(d) and the subsequent sections are renumbered accordingly: - for a retail store with a minimum gross floor area of 1,858 m² and a maximum gross floor area of 4,999 m², there are no limitations on the types of products sold except that supermarket and department store uses are prohibited The provisions for Exception [1412 ]are deleted and replaced with the following: - for a retail store with a gross floor area of 0 to 600 m² and 1,858 to 4,999 m², there are no limitations on the types of products sold - a maximum of one warehouse building is permitted with a maximum ground floor area of 2,500 m² - minimum front and corner side yard setback is 3 m - minimum interior side yard setback of 2 m, which may be reduced to 0 m abutting an existing or future rapid transit corridor- minimum parking rate for warehouse of 0.121 spaces per 100 m² of gross floor area - no parking lot landscape buffer required adjacent to an existing or future rapid transit corridor - a retail store with a gross floor area of 1,858 to 4,999 m² is permitted only after the ‘h’ symbol has been removed by City Council following City approval of a traffic study that identifies the roadway/intersection modifications required to support the scale of the proposed development
39	4784 and 4786 Bank and 500 White Alder	A number of minor adjustments are required to the zoning map to reflect the approved plan of subdivision and By-law 2006-380 and 2007-498. These changes are primarily to reflect the proper locations for the open space zones.	Modify the zoning as shown on the map included in Document 3.
40	4275 and 4279 Innes Road	Amend the zoning maps to reflect the GM21[1284] F(0.5) H(9) zoning already shown for these lands in Column II of Exception [1284], to implement the former Cumberland zoning	1. Change the zoning map to rezone 4275 and 4279 Innes Road from R1HH[1284] to GM21[1284] F(0.5) H(9), as shown in Document 3. 2. Revise Section 239, Exception [1284], Column II to refer to GM21[1284] F(0.5) H(9).
41	R4K Subzone	An error occurred in the original draft of the Comprehensive Zoning By-law, wherein the incorrect lot width and lot area were applied to multiple dwellings and semi-detached dwellings. The R4K Subzone should reflect the former Ottawa 93-98 R4F subzone, and not the former R4E subzone.	Amend the R4K subzone, Column IV – Minimum Lot Width (m) to replace the “5.6” with “4.5” and Column V – Minimum Lot Area (m² ) to replace “170” with “110”.

LIST OF ANOMALIES AND MODIFICATIONS

TO ZONING BY-LAW 2008-250 FOR CONSIDERATION

BY AGRICULTURE AND RURAL AFFAIRS COMMITTEE DOCUMENT 2

Item No.	Reference	Objective of Amendment	Proposed Amendment
1	Exception [588r]	Add reference to V1H[588r] zone in Column II	Add "V1H[588r]" to Column II of Exception [588r]
2	South side of Old Carp Road, between March Road and Second Line Road, 1324 to 2057 Old Carp Road	While the properties on the south side of Old Carp Road appear to be included in the urban area on Schedule B of the Official Plan, technically they are in the rural area. As a result, they were incorrectly zoned DR - development reserve, and should instead be zoned an appropriate rural zone or open space zone.	Change the zoning map to rezone the lands from DR to RR7, RR10, RU and O1 as shown on the map in Document 3.
3	Section 240, Exception [512r]	Revise Column II to refer to RR4[512r] instead of RR6[512r] to indicate the correct applicable zoning category	Revise Column II of Exception [512r] to refer only to RR4[512r]
4	2485 Carp Road	The owner of the lands has appealed By-law 2008-250 to the Ontario Municipal Board. One of the requests is to re-instate a number of uses previously permitted in the zoning for the property under the West Carleton Zoning By-law. Staff concur however these uses should be utilizing the new terminology, that is for "conservation use", the equivalent term is now "environmental preserve and education area"; for "forestry use", the new term is "forestry operation"; and for” home occupation”, the term has been changed to “home-based business”.	Modify exception [275r] to add the following uses after "agricultural use": - environmental preserve and education area - forestry operation - home-based business
5	Purpose Statements AG and RU zones	The Official Plan sets out the conditions under which severances are permitted. Some of the rural subzones in the Comprehensive Zoning By-law reflect the lot sizes of existing lots, and this has caused some confusion amongst the public, as the Official Plan requires larger lot sizes when severances are contemplated. To help the public understand better the lot sizes identified in the Comprehensive Zoning By-law, and the lot sizes required for the creation of new lots in accordance with the Official Plan, a note will be placed in the appropriate place in the AG - agricultural and RU - rural countryside zones to ensure the public refers to Official Plan policy with respect to severance policy.	That Table 211 - AG Zone Provisions be amended by adding after the "0.2" in "(b) Minimum lot area (ha)" under column "IV - Other uses", the followings words "see provision 6 below" That Section 211 be amended to add a new provision 6 as follows: (6) The minimum lot area stated reflects that of many existing smaller sized lots. New residential lot severances are only permitted for an existing residence made surplus to a farming operation, as per Official Plan requirements, and as such will have a minimum lot area of 0.4 ha. That Table 227 - RU Zone Provisions be amended by adding after the "0.8" in "(b) Minimum lot area (ha)" under column "IV - Other uses", the followings words "see provision 6 below" That Section 227 be amended to add a new provision 6 as follows: (6) The minimum lot area for a lot created by a consent application (severance process) is guided by Official Plan policy that requires a minimum lot area of 0.8 ha for the severed lot and 10.0 ha for the retained lot. One lot severance only is permitted.
6	6139 Perth Street (Village of Richmond)	Rezone the eastern portion of this site to VM4 - Village Mixed Use to eliminate an anomaly that exists under both the former Goulbourn and new Zoning By-laws (lands are now zoned RI4- Rural Institutional, but have been approved for residential development). The remainder of the site is zoned VM4.	Change the zoning map to rezone the lands from RI4 to VM4
7	1589 John Quinn Road	A small area of land that was originally part of a subdivision’s open space buffer (riding path) was sold to the owner of the adjacent property at 1589 John Quinn Road by the former Township of Osgoode. Consequently, this small area of land was intended to be used in conjunction with the dwelling and should be in the same RR2[41r] zone as the dwelling, instead of in an O1[41r] zone as is the remainder of the buffer	Change the zoning map to rezone the lands from O1[41r] to RR2[41r]
8	1156 Jinkinson Road	Henderson Quarry is licensed, and the license and rezoning applications were supported with an EIS. Consequently, the holding symbol and conditions have been fulfilled and are no longer required and the site can be placed in an ME Zone.	Change the zoning map to rezone the lands from ME[1r]-h to ME
9	2599 Stagecoach Road	Rezone lands from RR10 to RC[192r] as per motion passed at A.R.A.C. to reflect the V Zoning under the previous Osgoode Zoning By-law (an application to expand Osgoode Tire Shop to the south onto these lands has been submitted- existing business is already zoned RC[192r])	Change the zoning map to rezone the lands from RR10 to RC[192r]
10	1229 Dwyer Hill Road	Adjust the RM2[449r] zoning boundary to reflect the boundary in the former Goulbourn Zoning By-law. The Comprehensive Zoning By-law does not capture a small area of the south portion of the site.	Change the zoning map to revise the lands’ RM2[449r] southern zoning boundary to reflect former Goulbourn zoning boundary.
11	5736 Bank Street	Narrow strip of land fronting on Bank Street now zoned DR1 should be zoned ME2 as is the remainder of this lot.	Change the zoning map to rezone the lands entirely to ME2
12	RC11 Subzone, Table 218C, Row (e)	Revise the RC11 Subzone minimum corner side yard setback requirement to state "6 metres" instead of "16 metres" to correct a typographical error (6 metres reflects the former Goulbourn C- General Commercial Zone requirement)	Amend Table 218C, Row (e), minimum corner side yard setback, to state "6 metres".
13	Lands zoned Rural Residential, RR6, RR7, RR8, RR9 and RR10 subzones in Ward 5 (West Carleton) See Document 3 affected maps for West Carleton	The former West Carleton Zoning By-law had a provision (Section 16d) for undersized lot areas and lot frontages, whereby minimum interior side yard requirements were smaller and maximum lot coverages larger than the former West Carleton standard RR and RL zone requirements, in order to accommodate development on smaller actual lot sizes. While this special provision was eliminated through the creation of the harmonized new RR zones, lots were placed into subzones that generally reflected the size of existing lots. This affects principally the RR6, RR7 and RR 8 zones, and to a lesser extent the RR9 and RR10 subzones in West Carleton. Regardless, it is felt that it would be appropriate to just reinstate the interior side yard setbacks and lot coverages as they previously existed in former West Carleton RR and RL zones. It should be noted that while the interior side yard requirement will be reduced and maximum lot coverage will increase, the front yard and corner side yard setbacks will retain the smaller harmonized setbacks for the front yard and corner side yard, and in one case, for the rear yard. The reason for this is that many of these lots are affected by the larger watercourse setback in former West Carleton that now applies city wide, and the harmonized front yard, corner side yard and rear yard is less than what it was under former West Carleton, thus providing more flexibility for building siting in order to meet the 30 or 15 metre watercourse setback.	Create a new RR13 subzone which is identical to the RR6 subzone except that: - the minimum front yard setback is 9 m - the minimum interior side yard setback is 3 m - the maximum lot coverage is 20% Create a new RR14 subzone which is identical to subzone RR7 except that: - the minimum interior sideyard setback is 3 m - the maximum lot coverage is 20 m Create a new RR15 subzone which is identical to the RR8 subzone except that: - the minimum interior side yard setback is 3 m - maximum lot coverage is 20 % Create new RR16 and RR17 subzones which are identical to the RR9 and RR10 subzones respectively, except that: - the maximum lot coverage is 20%
14	2880 Barlow Crescent	The floodplain overlay on this property is incorrect as changes in grading were made to the property many years ago. The Mississippi Valley Conservation Authority has advised that the overlay should be modified to reflect the existing floodplain.	Modify the floodplain overlay on the zoning map, as shown on the map on Document 3.
15	Part Lot 2, Concession A North Gower	These lands contain three zone categories. The first, and largest part of the parcel, is zoned DR1. Mud Creek runs along the width of the lot and is zoned EP. Beyond the EP zone is the small area which provides all of the frontage. This easterly part of the lot was zoned residential along with the remainder of the subdivision within which the lands are located. In drafting the new zoning by-law, these easterly lands were omitted from the residential zone, V1G[557r], in error.	Amend the zoning map to rezone the most easterly portion of the lot containing the lot frontage, from DR1 to the V1G[557r] zone.
16	4380 Trail Road	This parcel is the remnant piece of a conveyance that occurred in 1967 in violation of the severance provisions under the Planning Act for which the owner cannot be presently found. A certificate of validation is being sought to legalize the larger parcel that was conveyed. In order to be able to clearly proceed with this application, the remnant and larger parcel should comply with zoning. By rezoning the smaller parcel to open space, it will be in compliance as there is no minimum lot size. At such time as a development proposal comes forward, likely involving adjacent lands, the remnant parcel can be rezoned.	Change the zoning map to rezone the lands to O1