7.             REVISED DRAFT COMPREHENSIVE ZONING BY-LAW - RURAL AREA AND GREENBELT - PUBLIC MEETING and approval

 

version RÉVISÉE du règlement de zonage prÉliminaire – secteur rural et ceinture de verdure

 

 

COMMITTEE recommendations amended

 

2.         That Council approve:

 

(a)                the Draft Comprehensive Zoning By-law, Volume 1 (text and schedules) and Volume 2 (zoning maps) – September 2007 as noted in Document 1;

 

(b)                the staff recommendations noted in the Staff Recommendation Column IV of Document 2 - Draft Comprehensive Zoning By-law - Rural Area and Greenbelt - Summary of Comments on the May 2006 version and Modifications; and

 

(c)                the Additional changes to the Draft Comprehensive Zoning By-law – Rural and Greenbelt Area as noted in Document 3 and Document 4.

 

3.         Upon Council approval of the new Comprehensive Zoning By-law, and in the event of appeals to the Ontario Municipal Board (OMB), the most restrictive provisions of either,

 

(a)               the existing zoning by-laws of the former municipalities, or

 

(b)        the new comprehensive zoning by-law,

 

will apply until such appeals are disposed of by the OMB.

 

4.         a.         That the requirement for a sight-obscuring buffer where adjacent to a rural zone be added to Column V of exception [294r] to reflect the provisions of the current zoning by-law as amended by By-law 2006-267.

 

b.         That the proposed zoning of the lands known municipally as 6100 and 6116 Gough Road be modified to reflect the true intent of By-law No. 2006-242 with regards to permitted uses.

 

c.         That the proposed zoning of the lands know municipally as 1201 Thomas Dolan Parkway be changed from DR1 to RU to reflect the fact that the subject lands are not located within the Dunrobin Village Boundary.

 

d.         That the proposed zoning of the lands know municipally as 5420 Richmond Road and the lands know legally as CON 5RF LOT 23 TO 24 PT PCL;1 be changed from DR1 to RU to reflect the fact that the subject lands are not located within the Fallowfield Village Boundary.

 

e.                  That the proposed zoning of the lands know legally as part of the west half of Lot 38, Concession 7 being Part 1 on Registered Plan 5R-2553 be changed from AG to DR1 to recognize the fact the subject lands are located within the Village Boundary of Vernon.

 

f.                    That the proposed zoning of the lands on part of Lot 22, Concession 2 (former City of Cumberland) at 5342 Saumure Road be changed for the north portion of the property from AG3 to RU so that the whole of the property is in the RU zone.

 

g.         That Section 69 – Setbacks from Waterways contained in the May 2006 version of the draft Comprehensive Zoning By-law be re-inserted as modified below:

 

i.          Despite provisions of the underlying zone, the following minimum setbacks must be provided to provide a margin of safety from hazards associated with flooding and unstable slopes and to help protect the environmental quality of watercourses.

ii.         Except for flood or erosion control works, or a public bridge or a marine facility, no building or structure, including any part of a sewage system, which does not require plan of subdivision or site plan control approval, shall be located closer than 30 m to the normal highwater mark of any watercourse, or 15 m to the top of the bank of any watercourse, whichever is greater.

 

NOTE: Development requiring plan of subdivision, rezoning or site plan control will be subject to the watercourse setbacks as identified in Policy 4.7.3 of the City of Ottawa Official Plan.

 

h.         That Section 69 be moved to Part 2, General Provisions and that the following modifications be made:

§         add the words “the Rockliffe Air Base. Airport zoning regulations” after the words “of Carp Airport and” in subsection (1)

§         add a new subsection 2 as follows: “(2) Development in the vicinity of the Macdonald-Caritier International Airport, the Carp Airport, and Rockliffe Air Base, shall take into consideration guidelines found in Transport Canada Document TP312E - Aerodrome Standards and Recommended Practices as amended.   With respect to development in the vicinity of the Carp Airport, runway 10-28 shall be protected as a "4C CAT 1"  Runway, and runway 4-22 shall be protected as a "1C NON-INSTR" Runway.”

§         change subsection (2) to (3).

 

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

 

5.         The zoning for 1599 River Road be amended to include an exception to permit the following additional uses:

·        animal care establishment

·        animal hospital

·        animal cemetery

 

6.         That the draft comprehensive zoning by-law be revised to apply a site-specific exception at 1751 8th Line Road to recognize the existing catering establishment; and

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

7.         That the draft comprehensive zoning by-law be revised to apply a site-specific exception at 6971 Bank Street to add the existing funeral home as an additional use; and

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

8.         That the subject lands will be exempt from the provisions of Section 58 (1) & (2) pertaining to the Flood Plain Overlay; and

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

9.         That the Draft Comprehensive Zoning By-law be amended with respect to the zoning of Property Lot 3 Conc.1 at 5600/5994 First Line Road, Kars, ON (ward 21, City of Ottawa) as follows:

Section 2.D – Dealership:

·        to include the following in

§         category 1 – dirt bikes

§         category 4 – landscape

·        to add a category 7 – Power Products.

 

That all categories include the following wording - sales, service, parts, rentals – as permissible uses; and

 

That an auxiliary storage building (5000 sq. feet) be considered as a permitted use.

 

 

Recommandations modifiÉes du Comité

 

2.         Que le Conseil approuve :

 

            (a)        les volumes 1 (texte et annexes) et 2 (cartes) du règlement de zonage préliminaire, version de septembre 2007, constituant le document 1;

 

            (b)        les recommandations du personnel qui figurent dans la colonne IV « Recommandation du personnel » du document 2 (Règlement de zonage préliminaire – Secteur rural et Ceinture de verdure, Sommaire des commentaires sur la version de mai 2006 et des modifications apportées);

 

            (c)        les modifications supplémentaires apportées au Règlement de zonage préliminaire – Secteur rural et Ceinture de verdure, signalées dans le document 3 et document 4.

 

3.         Après l'adoption du règlement de zonage par le Conseil et dans l'éventualité de contestations devant la Commission des affaires municipales de l'Ontario (CAMO), qu'entre les dispositions

 

            (a)        soit du règlement de zonage d'une ancienne municipalité encore en vigueur,

 

            (b)        soit du nouveau règlement de zonage,

 

Ce soit la plus restrictive des deux qui s'applique jusqu'au moment où la CAMO aura statué sur les contestations.

 

4.         a.         Que l’exigence d’une zone visuelle tampon à proximité d’une zone rurale soit ajoutée à la colonne V des exceptions [294r] afin de tenir compte des dispositions du règlement de zonage actuel modifié par le Règlement 2006-267.

 

            b.         Que le zonage proposé des propriétés sises aux 6100 et 6116, chemin Gough soit modifié pour prendre en compte l’intention véritable du Règlement no 2006-242 à l’égard des utilisations autorisées.

 

            c.         Que le zonage proposé des propriétés sises au 1201, chemin Thomas Dolan passe de DR1 à RU pour tenir compte du fait que les propriétés visées ne sont pas situées à l’intérieur des limites du village de Dunrobin.

 

            d.         Que le zonage proposé des propriétés sises au 5420, chemin Richmond désignées juridiquement comme concession 5(fr), lot 23 à 24, pt pcl; 1 passe de DR1 à RU pour tenir compte du fait que les propriétés visées ne sont pas situées à l’intérieur des limites du village de Fallowfield.

 

            e.         Que le zonage proposé des propriétés désignées juridiquement comme une partie de la moitié ouest du lot 38, concession 7, correspondant à la partie 1 du plan enregistré 5R-2553 passe de AG à DR1 pour que l’on reconnaisse le fait que les propriétés visées sont situées à l’intérieur des limites du village de Vernon.

 

            f.          Que le zonage proposé des propriétés de la partie du lot 22, concession 2 (ancienne Ville de Cumberland) au 5342, chemin Saumure, soit modifié pour la portion nord des propriétés de AG3 à RU de sorte que l’ensemble de la propriété se retrouve dans la zone RU.

 

            g.         Que l’article 69 sur le retrait des cours d’eau qui se retrouve dans la version de mai 2006 du Règlement de zonage préliminaire soit reformulée comme suit :

 

i.          Malgré les dispositions relatives à la zone sous-jacente, les retraits minimaux suivants doivent être établis afin d’offrir une marge de sécurité contre les risques associés aux inondations et aux pentes instables et pour faciliter la protection de la qualité des cours d’eau.

ii.         Sauf en ce qui concerne les ouvrages de protection contre les inondations ou l’érosion ou la construction d’un pont public ou d’installations relatives à la navigation, aucun immeuble et aucune structure, y compris toute partie d’un système d’évacuation des eaux usées, qui n’exige pas d’autorisation d’un plan de lotissement ou d’une demande de contrôle de plan de site, ne peuvent être situés à moins de 30 mètres du niveau normal des hautes eaux de tout cours d’eau ou à moins de 15 mètres du sommet de la rive de tout cours d’eau, soit la plus grande de ces distances.

 

REMARQUE : Les aménagements exigeant un plan de lotissement, un rezonage ou une demande de contrôle de plan de site seront soumis aux retraits des cours d’eau mentionnés dans la politique 4.7.3 du plan officiel de la ville d’Ottawa.

 

            h.         Que l’article 69 soit incorporé à la partie 2, Dispositions générales, et que les modifications suivantes soient apportées :

§                     Ajouter les termes « la base aérienne Rockliffe, règlements de zonage aéroportuaires » après les termes « de l’aéroport de Corp » au paragraphe (1)

§                     Ajouter un nouveau paragraphe 2, qui se lit comme suit : « (2) les aménagements dans les environs de l’aéroport international Macdonald-Cartier, de l’aéroport de Carp et de la base aérienne de Rockliffe, tiendront compte des lignes directrices que l’on trouve dans le document TP312F – Aérodromes. Normes et pratiques recommandées du ministère des Transports, dans sa version modifiée. En ce qui concerne les aménagements dans les environs de l’aéroport de Carp, la piste 10-28 sera protégée comme Code 4C, Approche catégorie 1 et, la piste 4-22, comme Code 1C, A vue.

§                     Remplacer le paragraphe (3) par le paragraphe (2).

 

i.          Qu’il n’y ait plus d’autres avis aux termes du paragraphe 34 (17) de la Loi sur l’aménagement du territoire.

 

5.         Que le zonage du 1599, chemin River soit modifié afin qu’y soit incorporée une exception permettant les utilisations additionnelles suivantes :

·                    établissement de soins des animaux

·                    hôpital pour animaux

·                    cimetière pour animaux

 

6.         Que le Règlement de zonage général préliminaire soit révisé afin qu’y soit incorporée une exception particulière pour cet emplacement du 1751, chemin 8th Line reconnaissant l’établissement de traiteur existant et;

 

Qu’il n’y ait plus d’autre avis aux termes du paragraphe 34(17) de la Loi sur l’aménagement du territoire.

 

7.         Que le Règlement de zonage général préliminaire soit révisé afin qu’y soit incorporée une exception particulière pour cet emplacement du 6971, rue Bank reconnaissant le salon funéraire existant et;

 

Qu’il n’y ait plus d’autre avis aux termes du paragraphe 34(17) de la Loi sur l’aménagement du territoire.

 

8.         Que les terrains visés seront exclus des propositions des paragraphes 58(1) et (2) relatifs à la définition de la zone sous-jacente de plaine inondable et;

 

Qu’il n’y ait plus d’avis aux termes du paragraphe 34(17) de la Loi sur l’aménagement du territoire.

 

9.         Que le règlement de zonage général préliminaire soit modifié en ce qui concerne le zonage du lot 3, conc. 1 au 5600/5994, chemin First Line, Kars (Ontario) (quartier 21, Ville d’Ottawa) comme suit :

Section 2.D sur les concessionnaires automobiles :

·                    pour englober ce qui suit dans les catégories suivantes :

§                     catégorie 1 – motos hors route

§                     catégorie 4 – aménagement paysagé

·                    rajouter une catégorie 7 – produits d’énergie.

 

Que toutes les catégories comprennent les termes suivants – vente, service, pièces, location – comme utilisations autorisées.

 

Que l’aménagement d’un immeuble d’entreposage annexe (5 000 pi2) soit considéré comme une utilisation autorisée.

 

 

For the information of council

 

The Agriculture and Rural Affairs Committee also approved the following directions to staff:

 

That the Agriculture and Rural Affairs be directed to:

 

1.         (a)        Hold a public meeting on the City of Ottawa Draft Comprehensive Zoning By-law -Rural Area and Greenbelt in accordance with the Planning Act.

 

(b)        Direct staff to release the final version of the draft Comprehensive Zoning By-law after City Council disposition of the Agricultural and Rural Affairs Committee Recommendations 2 and 3, and that a final public meeting be held prior to the adoption of the Comprehensive Zoning By-law”.

 

Pour la gouverne du Conseil

 

Le Comité de l’agriculture et des questions rurales a également approuvé les directives suivantes :

 

Que l'on enjoigne le Comité de l’agriculture et des questions rurales de :

 

1.         (a)        Organise une assemblée publique sur le Règlement de zonage général – Secteur rural et Ceinture de verdure, conformément à la Loi sur l’aménagement du territoire.

 

(b)        Demande au personnel de rendre publique la version finale du Règlement de zonage général préliminaire après que le Conseil municipal aura donné suite aux recommendations 2 et3 du Comité de l’agriculture et des questions rurales et qu’une assemblée publique finale se sera déroulée avant l’adoption du Règlement de zonage général.

 

 

DocumentatioN

 

1.                  Deputy City Manager's report Planning, Transit and the Environment dated 24 October 2007 (ACS2007-PTE-POL-0062).

 

2.         Document 4 of report ACS2007-PTE-POL-0062 - Draft Comprehensive Zoning By-law – Rural Area and Greenbelt Summary of Comments post September 25, 2007.

 

3.         Extract of Minutes 14, 25 October 2007; Extract of Minutes 15, 8 November 2007, and Extract of draft Minutes 16, 22 November 2007.

 

Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

 

and Council / et au Conseil

 

12 October 2007 / le 12 octobre 2007

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe,

Planning, Transit and the Environment/Urbanisme, Transport en commun et Environnement

 

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

Ref N°: ACS2007-PTE-POL-0062

 

 

SUBJECT:

REVISED DRAFT COMPREHENSIVE ZONING BY-LAW - RURAL AREA AND GREENBELT - PUBLIC MEETING and approval

 

 

OBJET :

version RÉVISÉE du règlement de zonage prÉliminaire – secteur rural et ceinture de verdure

 

 

REPORT RECOMMENDATIONS

 

That Agriculture and Rural Affairs Committee:

 

1.         Hold a public meeting on the City of Ottawa Draft Comprehensive Zoning By-law -Rural Area and Greenbelt in accordance with the Planning Act.

 

2.                  Recommend Council approve:

 

(a)               the Draft Comprehensive Zoning By-law, Volume 1 (text and schedules) and Volume 2 (zoning maps) – September 2007 as noted in Document 1;

 

(b)               the staff recommendations noted in the Staff Recommendation Column IV of Document 2 - Draft Comprehensive Zoning By-law - Rural Area and Greenbelt - Summary of Comments on the May 2006 version and Modifications; and

 

(c)                the Additional changes to the Draft Comprehensive Zoning By-law – Rural and Greenbelt Area as noted in Document 3.

 

3.         Upon Council approval of the new Comprehensive Zoning By-law, and in the event of appeals to the Ontario Municipal Board (OMB), the most restrictive provisions of either,

 

(b)               the existing zoning by-laws of the former municipalities, or

 

(b)        the new comprehensive zoning by-law,

 

will apply until such appeals are disposed of by the OMB.

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l'agriculture et des questions rurales :

 

1.         tienne une réunion publique sur règlement de zonage préliminaire – secteur rural et Ceinture de verdure, conformément à la Loi sur l'aménagement du territoire;

 

2.         recommande au Conseil d'approuver :

 

a)         les volumes 1 (texte et annexes) et 2 (cartes) du règlement de zonage préliminaire, version de septembre 2007, constituant le document 1;

 

b)         les recommandations du personnel qui figurent dans la colonne IV « Recommandation du personnel » du document 2 (Règlement de zonage préliminaire – secteur rural et Ceinture de verdure, Sommaire des commentaires sur la version de mai 2006 et des modifications apportées);

 

c)         les modifications supplémentaires apportées au Règlement de zonage préliminaire – secteur rural et Ceinture de verdure, signalées dans le document 3.

 

3.         recommande, après l'adoption du règlement de zonage par le Conseil et dans l'éventualité de contestations devant la Commission des affaires municipales de l'Ontario (CAMO), qu'entre les dispositions

 

a)         soit du règlement de zonage d'une ancienne municipalité encore en vigueur,

 

b)         soit du nouveau règlement de zonage,

 

ce soit la plus restrictive des deux qui s'applique jusqu'au moment où la CAMO aura statué sur les contestations.

 

EXECUTIVE SUMMARY

 

Assumptions and Analysis:

 

This report deals with the approval of the new Comprehensive Zoning By-law for the rural area and greenbelt, and information is provided which pertains to submissions received since May 26, 2006.  Further, the Agriculture and Rural Affairs Committee (ARAC) meetings scheduled for October 25 and November 8 and 22 constitute the public meetings to be held under the Planning Act. The purpose of these public meetings is to provide the public with an opportunity to address ARAC, as well as to present staff recommendations on each comment received, for Committee’s final recommendations to Council.  The initial Draft Comprehensive Zoning By-law – Rural Area and Greenbelt was released on May 26, 2006, with a revised second draft released September 25, 2007. 

 

The discussion section of the report speaks to the nature of the numerous submissions made by the public regarding the draft Comprehensive Zoning By-law. Overall, most of the submissions deal with site-specific issues: the role of a Zoning By-law versus an Official Plan with respect to severance policy; boundaries of villages, the parking of recreational vehicles and heavy vehicles on a residential property in a village or country estate area, building setbacks from licensed quarries and sand and gravel pits, setback distances from a watercourse, and provisions for accessory tower antennas for amateur radio operations. Many of the submission concerns have resulted in changes to the draft Zoning By-law.  Moreover, staff have made additional changes, all of which have resulted in an improved by-law.  While most of the concerns raised have been resolved, as noted in Document 2, some outstanding issues remain.

 

Financial Implications:

 

Costs associated with the production of the approved Comprehensive Zoning By-law and the notice requirements as a result of approval of Recommendation 2 are estimated to be no more than $10,000 and the funds are available under the capital budget 900852 for this project.

 

Public Consultation/Input:

 

Numerous consultations on the Draft Comprehensive Zoning By-law have been held since consultation on the project was initiated in 2005.  Document 2 is a summary of the over 107 submissions related to the rural area and greenbelt that were received from the public and public bodies.

 

RÉSUMÉ

 

Hypothèses et analyse :

 

Le présent rapport concerne l'approbation par le Conseil du nouveau règlement de zonage pour le secteur rural et la Ceinture de verdure et l'information qu'il contient a trait aux mémoires reçus depuis le 26 mai 2006. De plus, les réunions du 25 octobre et des 8 et 22 novembre du Comité de l'agriculture et des questions rurales (CAQR) constituent des réunions publiques aux fins de la Loi sur l'aménagement du territoire. Ces réunions publiques ont pour but de donner l'occasion au public d'intervenir devant le CAQR ainsi que de présenter les recommandations du personnel municipal sur chacun des commentaires reçus en vue de la formulation des recommandations finales que le Comité adressera au Conseil. La première version du règlement préliminaire de zonage – secteur rural et Ceinture de verdure, a été publiée le 26 mai 2006 et la seconde version le 25 septembre 2007.

 

La section « Discussion » du rapport est liée à la nature des nombreux mémoires présentés par le public sur le règlement préliminaire de zonage. Dans l'ensemble, la plupart des mémoires portaient sur des questions touchant des lieux particuliers : le rôle du règlement de zonage par opposition à celui du Plan officiel quant aux politiques sur le morcellement; les frontières des villages; le stationnement de véhicules de plaisance et de véhicules lourds sur les terrains résidentiels dans un village ou une zone de domaine de campagne; les marges de reculement des constructions par rapport aux carrières, sablières et gravières autorisées; les marges de reculement par rapport aux cours d'eau; l'érection de tours-antennes accessoires pour la radio amateur. Bon nombre des préoccupations exprimées dans les mémoires ont mené à des révisions du règlement préliminaire de zonage. De plus, le personnel a apporté des modifications supplémentaires qui ont amélioré le texte du règlement. Bien que la plupart des préoccupations soulevées aient été réglées, comme le mentionne le document 2, il en subsiste un certain nombre.

 

Répercussions financières :

 

Les coûts associés à la production du règlement de zonage approuvé et aux exigences d'avis, advenant l'adoption de la recommandation 2, sont estimés à moins de 10 000 $; des fonds sont prévus pour ce projet dans le budget des immobilisations, poste 900852.

 

Consultation publique / commentaires :

 

De nombreuses consultations sur le règlement de zonage préliminaire ont eu lieu depuis le lancement du projet en 2005. Le document 2 résume les 107 mémoires et quelques portant sur le zonage dans le secteur rural et la Ceinture de verdure qui ont été présentés par des membres du public et des organismes publics.

 

BACKGROUND

 

In 2003, the City adopted its first Official Plan as an amalgamated city. With the new Plan in place, staff began the preparation of a new Comprehensive Zoning By-law, which is a key implementation tool of the Official Plan. The development of a new By-law also allowed for the integration of the 36 Zoning By-laws inherited from the former municipalities. This integration will be a major step forward in the efficient and effective delivery of planning and building services to the community. Currently, each of these by-laws must be administered, updated and enforced – a complex task that can result in increased administrative costs and time delays as well as inconsistencies in regulations from one area of the city to another.

 

Staff have been working to integrate all of these by-laws into one new Comprehensive Zoning By-law that will provide a more direct tool to implement the new Official Plan and at the same time introduce efficiencies in:

 

·           the provision of zoning information to the public

·           consistency of interpretation

·           the processing of development applications

·           compatibility with other municipal regulations

·           public accessibility through a user-friendly, Internet-based computerized text and mapping system, and

·           linking of zoning information to the City's property information system.

 

On May 10, 2006 City Council approved the proposed project and public consultation timelines for the draft Comprehensive Zoning By-law project.  The Draft Comprehensive Zoning By-law was released on the City’s website on May 26, 2006 for public consultation. A revised version of the Rural Area and Greenbelt portions of the draft by-law, taking into account comments received from the public, was released on September 25, 2007.

 

DISCUSSION

 

Format and Accessibility

The draft Comprehensive Zoning By-law has been developed as a user-friendly, Internet accessible zoning website. For the first time, residents, developers, consultants and realtors will have access to zoning information from their home or office computer, or for those without a computer, at their local public library. The document can be accessed with either a dial-up or a high-speed internet connection. Its searchable text and address-driven mapping system is state-of-the-art technology. The text is organized with detailed tables of contents that serve as a menu to every section of the by-law. The zoning mapping data which forms an overlay to the City’s E-Maps system can be viewed along with property boundaries, aerial photography, the transportation network and public facilities. Considerable positive feedback has been received from the public with respect to the website.

The document itself is presented in a user-friendly format that combines the best attributes of existing by-laws. The By-law uses plain language wherever possible, while meeting legal requirements for clear and precise legislation. As well, the By-law is available in both English and French.  The By-law addresses both urban and rural zones within one document, however, a rural extract (a separate stand-alone consolidation of the rural provisions) is available to provide easier access to zoning information for the rural public.

 

Zoning Strategy

 

The zoning for the rural areas is based on a review of the existing rural by-laws and their common approaches and best practices. It is important to note that although some zoning approaches are city-wide, special provisions were created to address the rural context; urban approaches are not imposed on the rural and village areas (e.g. a larger range of activities than is allowed in the urban area is permitted in a rural home-based business; separation distances for group homes in rural areas are larger than the urban area, etc.); the draft Zoning By-law does not use “one size fits all” solutions- rural specific zones, subzones and provisions are used to reflect the unique characteristics of rural areas.

 

The impact and degree of the zoning changes in the rural area is dependent primarily on whether former rural municipalities had implemented the policies of the former Regional Plan through their Zoning By-laws. As well, numerous changes are reflected in this draft Comprehensive Zoning By-law to assist in the implementation of the policies of the Official Plan. However, the Comprehensive Zoning By-law project is more than a straightforward consolidation due to significant differences in provisions between existing by-laws. Some changes are inevitable simply through the harmonization of provisions.  More importantly, there will be some changes in zoning provisions and permitted uses where required by policy direction in the Official Plan and from the Provincial Policy Statement on land use planning and development. 

 

Some of the key approaches used in the development and application of rural zoning are as follows:

 

1.                  Villages - The 26 villages recognized in the Official Plan have been placed in zones specifically designed to reflect village development (lot sizes, ranges of permitted uses) and to acknowledge Council-approved village boundaries. Zones and subzones are applied primarily to recognize existing development or existing zoning provisions. As well, where appropriate, zoning reflects applicable Official Plan policies and approved Village Plans (e.g. Community Design Plans for Carp and Constance Bay). Specifically:

 

(a)                three village residential zones of increasing densities have been created and applied where appropriate, with a variety of subzones used to reflect existing land uses, lot sizes, yard setbacks, and taking into consideration private servicing requirements;

(b)               a village mixed-use zone has been applied to village mainstreets to recognize existing services and to create a focus for future commercial development. Gaps in existing commercially zoned strips have been “filled in” wherever possible; Automobile-related uses (e.g. service stations, gas bars, drive-through facilities) are not permitted in these core areas, and are directed to the rural commercial zones generally on the perimeter of the village;

(c)                areas formerly zoned agricultural and rural within a village have been placed in a development reserve zone to acknowledge future development potential;

(d)               existing open spaces and institutional uses have been placed in open space and rural institutional zones respectively, and

(e)                industrial and highway commercial areas have been zoned either general or heavy industrial or rural commercial respectively to reflect either the existing zoning or new directions in the Official Plan or approved village plans.

 

2.                  Rural Area - Zoning in the rural area outside of the villages generally reflects Official Plan designations. The boundaries of each Official Plan designation were used as the first step for determining zoning boundaries, with a further fine-tuning being done using existing zoning and land use data. The urban/rural boundary is based on work undertaken by Official Plan staff, as well as reflecting the boundaries of recently approved urban development. In addition:

 

(a)                A series of agricultural subzones has been created to reflect the average lot size of groupings of farm lots in each area designated as Agricultural Resource Area in the Official Plan. The agricultural zone allows a range of ancillary and complementary uses, but commercial uses are not permitted.

(b)               Environmental Management staff worked closely with the Ministry of Natural Resources and local conservation authorities to develop criteria and apply boundaries for areas designated as Natural Environment Areas and Significant Wetlands in the Official Plan. This involved some adjustments to the boundaries as shown in the Official Plan. These areas were then placed in an EP - environmental protection zone. However, areas designated as Rural Natural Features have been placed in a rural zone as per Official Plan policies.

(c)                The boundaries of mineral extraction areas designated as Limestone Resource Area or Sand and Gravel Resource Area in the Official Plan reflect existing zoning and land uses as well as approved licenses where available. Special subzones and holding symbols apply to lands not yet licensed for extraction, which must be lifted by Council before development is permitted (subject to appropriate conditions). 

(d)               Existing industrial and commercial sites have been placed in either RG -general or RH- heavy industrial or RC -rural commercial zones respectively in accordance with their existing zoning and land use;

(e)                Existing institutional uses and open spaces areas (including those designated as Major Open Space in the Official Plan) have been placed in RI - rural institutional or O1 - parks and open space zones respectively.

(f)                 Existing country estate subdivisions have been placed in a RR - rural residential zone, with various subzones to reflect the unique lot size and characteristics of each area.

(g)                The MacDonald-Cartier International and Carp Airports, designated airports in the Official Plan, have been placed in a T1 - transportation facility subzone that reflects the existing zoning.

(h)                Lands within the Carp Road Corridor designation of the Official Plan have been placed in a range of industrial and commercial zones in accordance with Official Plan and Community Design Plan policies.

(i)                  Existing landfill and snow disposal facilities have been recognized using site-specific exceptions; any new facilities or expansions to existing facilities will require a rezoning. Related uses such as recycling and composting facilities are often also permitted.

 

Issues from the 2006 Draft Version of the Draft Zoning By-law

 

Most comments received from the public or agencies relate to property specific zoning questions.  These are detailed in accompanying Document 2.  These include a few that have implications for lands other than the subject owner’s, such as a request to add funeral home as a permitted use in the Rural Institutional – RI zone, which would apply to all lands so zoned; or, a request to severely restrict permitted land uses on existing lots of record within 500 metres of a sanitary land fill site, resulting in the need to apply this to not just one, but to all five land fill sites in the city.

 

Noteworthy additional comments, problems or issues arising from the 2006 draft version of the Zoning By-law include:

 

(a)                There was some public confusion as to the role of a Zoning By-law versus an Official Plan, wherein it had to be explained that the former does not set out severance policy, that being found in the latter document;

(b)               A provision on restricting land uses to protect the groundwater in areas around the well heads of the four publicly served villages (Vars, Carp, Munster Hamlet and Richmond) was removed from the proposed By-law.  A new revised provision will only come back by by-law amendment to the new by-law after being dealt with via a public process on this matter that will involve the conservation authorities, farm community, village residents, etc.

(c)                Portions of the boundaries of the villages of Vernon and Kenmore are incorrect in that they show a Development Reserve – DR zoning on lands that should be zoned AG.  This occurred due to a misread of the Official Plan where areas of village expansion proposed by the former Township of Osgoode had been deferred by the ROC.  The Official Plan deferrals have now been lifted, and these areas are no longer part of the villages but remain agricultural resource areas;

(d)               There has been debate as to the provisions of the draft by-law stating where on a residential property in a village or country estate area that the parking of recreational vehicles (boats, motor homes, campers) and heavy vehicles should or should not be permitted;

(e)                The setback for building on an existing lot of record adjacent to an existing licensed quarry has been increased to 210m (former West Carleton standard) but remains unchanged from the first draft of the Zoning By-law at 150m for sand and gravel pits.  Additional subzones have been introduced with pit only as a permitted use versus the main zone that allows both a pit or quarry;

(f)                 The general provisions dealing with the requirement of setback distances from a watercourse, top of bank and wetlands were removed as a city-wide uniform zoning requirement was not considered to be the most appropriate tool to implement the policies of the Official Plan in this regard.  A provision must be included in the By-law before adoption otherwise building permits and construction could occur at improper and unsafe locations on many rural lots.  This can happen on those properties where floodplain and conservation authority regulation of development controls do not apply or where a site specific rezoning (that may set different setbacks from the standards) is not needed to occur prior to development.

(g)                Major hydro and gas pipeline corridors have now been specifically zoned.

(h)                Provisions for accessory towers for amateur radio operations have been revised subsequent to significant public comment and there is general agreement on these provisions.  

 

CITY STRATEGIC DIRECTIONS

 

This Comprehensive Zoning By-law will assist in satisfying the following City Strategic Directions:

 

Transit

·        Achieve a 30 per cent modal split by 2021.

 

Healthy and Active City:

·        Require walking, transit and cycling oriented communities and employment areas

 

Planning and Growth Management

·        Becoming leading edge in community and urban design, including housing creation for those in the city living on low incomes and residents at large;

·        Encourage the development of existing employment lands to promote job creation and minimize infrastructure costs.

·        Preserving Ottawa’s rural villages.

           

Service Delivery:

·        Continue to improve the service culture at the City specifically so that it recognizes and balances the needs of all citizens in their encounters with City services, programs and staff, in both English and French pursuant to current policy.

 

ENVIRONMENTAL IMPLICATIONS

 

The Draft Comprehensive Zoning By-law – Rural Area and Greenbelt reflects the intent of the Official Plan, where zoning is considered an appropriate implementation mechanism with respect to environmental policies.

 

CONSULTATION

 

Prior to the release of the Draft Comprehensive Zoning By-law in May 2006, staff had undertaken a number of consultation initiatives including:

 

-           several meetings held from May 2005 to January 2006 by the Zoning Advisory Groups (Rural Public and Technical) established to review the development of the draft Comprehensive Zoning By-law

-           briefings to the Rural panel of the Committee of Adjustment and to several of Council’s Advisory Committees.

 

Since the release of the draft Comprehensive Zoning By-law on May 26, 2006, the following additional consultation activities have been undertaken for the Rural Area and Greenbelt:

-                     A series of rural area public open houses were held in June and September 2006. The June rural open houses took place at the Navan Memorial Centre, Alfred Taylor Recreation Centre and the Greely Community Centre on June 5, 6 and 7 respectively. The fall rural open houses were held in the Manotick Arena and Community Centre, Kinburn Client Service Centre, Walter Baker Sports Centre and Goulbourn Municipal Offices on September 21, 26, 28 and October 19, 2006  respectively. 

-                     One additional open house was held at Ben Franklin Place on October 9, 2007 immediately prior to the public hearings.

-                     As well, there have been follow-up meetings with the Rural Issues Advisory Committee and  Business Advisory Committee.

-                     Two meetings (organized by the Rural Affairs Office) were held with representatives of the Ontario Federation of Agriculture resulting in a number of revisions to agricultural- related zones and provisions (e.g. elimination of reference to intensive livetock operations and mushroom farms, broadening of the provison for farm help housing, etc.)

 

In order to accommodate the busy spring and summer rural agricultural season, the portion of the revised Draft Comprehensive Zoning By-law that deals with the Rural Area and the Greenbelt was released on September 25, 2007. Also available on the web site for comparison purposes, and to make it easier for those who provided submissions to understand the changes, was the May 2006 version of the draft Comprehensive Zoning By-law text with the revisions illustrated (using the “track changes” tool in Word), the original schedules that had been revised or deleted, and the 2006 zoning map.

 

The public hearings required under the Planning Act for the Rural Area and Greenbelt portions of the draft Comprehensive Zoning By-law are to be held at the Agricultural and Rural Affairs Committee meetings of October 25, 2007 in Greely, November 8, 2007 in Carp and November 22, 2007 at City Hall.

 

The key dates from this point forward are as follows:

 

a)         January 2008:  City Council adoption of the Comprehensive Zoning By-law - Rural Area

e)         February 2008: Notice of Adoption

f)          Post-February 2008:  Period for appealing to the Ontario Municipal Board and resolution of appeals.

 

FINANCIAL IMPLICATIONS

 

Costs associated with the production and notice requirements as a result of approval of Recommendation 2 are estimated to be no more than $10,000 and the funds are available under the capital budget 900852 for this project.

 

SUPPORTING DOCUMENTATION

 

Document 1 -   Draft Comprehensive Zoning By-Law - Rural Area and Greenbelt, Volume 1 and Volume 2  – September 2007 (on file with the City Clerk, distributed separately to members of Council and available on http://www.ottawa.ca/residents/bylaw/zoning/bylaw_en.html)

Document 2 -   Draft Comprehensive Zoning By-Law- Rural Area and Greenbelt - Summary Of Comments on May 2006 Version and Modifications (on file with the City Clerk, distributed separately to members of Council and available on http://www.ottawa.ca/residents/bylaw/zoning/bylaw/consult_revision/index_en.html)

Document 3 -  Additional Modifications to the September 2007 version

 

DISPOSITION

 

Planning, Transit and the Environment Department to prepare the final draft Comprehensive Zoning By-law incorporating all changes to the May 2006 version, undertake statutory notification and forward to Legal Services Branch.

 

Legal Services Branch to forward implementing by-law to City Council.

 

ADDITIONAL CHANGES TO DRAFT COMPREHENSIVE

ZONING BY-LAW – RURAL AND GREENBELT AREA                                  DOCUMENT 3

Staff-recommended changes to September 2007 version

 

  1. Volume 2, Page 73 – Maps: Modify zoning in Village of Kenmore to conform to the Official Plan Village Boundary. Part of Lots 26 & 27, Concession X, south of Ray Wilson Road and east of Yorks Corners Road will be rezoned from DR1 to AG. Part of Lots 27 & 28, Concession IX, west of the end of Clelland Way will be rezoned DR1 to AG.

 

 

2.      Volume 2, page 167 – Maps: Modify the boundaries of the EP3 zone located on Part of Concession II, Lot 16, to revert the boundary at and south of Leitrim Road, to that shown on the May 2006 edition of the Draft Comprehensive Zoning By-law – Rural and Greenbelt Area.


DOCUMENT 4

 

Draft Comprehensive Zoning By-law – Rural Area and Greenbelt Summary of Comments post September 25 2007

 

Part 1 – Administration, Interpretation and Definitions

 

Sections 1-9: Administration

Sections 10-28: General Rules of Interpretation

Sections 29-46: Interpreting Zoning Information

 

 

Part 2 – General Provisions

 

Section 55: Accessory Uses, Buildings and Structures

Area and Site Affected

Comment

Discussion

Action

City Wide

 

Suggest larger setbacks for wind farms. (Jim Davies, Mark MacGowan)

 

A single wind turbine accessory to another land use is regulated by this Section. The proposed setback distance for an accessory wind turbine with a power rating higher than 1 kilowatt has been established based on Ontario and international standards to address noise and vibration issues. The draft by-law specifies a minimum setback from any dwelling unit or residential zone the greater of 250 m or a distance equal to seven times the rotor diameter. From a noise perspective, this means at a distance of 250 m, a typical wind turbine produces a sound pressure level of about 45 dB(A) (decibels), a  sound level  below the background noise level produced in a home or office.

There is no specific height limit for these structures when located on a lot larger than 0.8 hectares- the necessary height will be depend on the type of terrain and physical obstructions to wind availability. On smaller lots the height may not exceed the maximum height permitted for an accessory structure in that zone.

Do not support change

A wind turbine farm is classified as a “utility installation”, subject to the provisions of Section 91 of the draft zoning by-law (similar to geothermal or solar heating plants, hydro power station, etc. as it is part of the grid.). The restrictions on a wind turbine farm (height, setbacks) are established through a Provincial review process, which requires a wind resource assessment, an environmental assessment, compliance with Provincial construction and installation standards, grid connection standards, provision of road access and safety lighting. As well, there is an established Provincial community consultation process for such proposals. 

No change required

Section 56: Adequate Municipal Services

Section 57: Corner Sight Triangles

Section 58: Flood Plain Overlay

Section 59: Frontage on a Public Street

Section 60: Heritage Overlay

Section 61: Holding Zones – Additions

Section 62: Minimum Distance Separation

Section 63: Part-Lot Control

Section 64: Permitted Projections Above the Height Limit

Section 65: Permitted Projections Into Required Yards

Section 66: Provisions for the Handling and Transfer of Propane and Natural Gas

Section 67: Residential Use Building Setback from Mineral Aggregate Zones

Section 68: Setbacks from Railway Rights-of-Way in Rural Zones

Section 69: Setbacks from Waterways and Flood Control Works

Area and Site Affected

Comment

Discussion

Action

 

 

 

 

City Wide

Reinstate Section 69 but in a simplified version to require standard setbacks from watercourses for all development. (Conservation Partners)

 

Concur that reinstating this requirement in the Zoning By-law but modified to simplify the regulations, as it currently the situation in many existing Zoning By-laws is necessary in order to implement Policy  4.7.3 of the Official Plan.

 

Re-introduce Section 69 but in a simplified version.

Section 71: Temporary Uses, Buildings or Structures During Construction

Section 72: Wellhead Protection Area Overlay

 

 

Part 3 – Specific Use Provisions

 

General Comments

Section 80: Adult Entertainment Parlours

Section 81: Airport Zoning Provisions

Area and Site Affected

Comment

Discussion

Action

Carp Airport and Environs

 

Ward 5

Section 81 should be relocated to Part 2, General Provisions.

 

This Section must be expanded to direct the public to reference the

appropriate Transport Canada document and to advise the public of the relevant runway classifications at Carp (and Rockcliffe). Runway 10-28 at Carp should be protected as a "4C CAT 1" Runway. Runway 4-22 at Carp should be protected as a "1C NON-INSTR" Runway.

 

Concur, it is more appropriate to move this to Part 2.

 

Concur, modify wording to ensure proper references.

Move Section 81 to Part 2.

 

 

Insert reference to appropriate document that regulates development adjacent to Carp and Rockcliffe Airports.

Section 82: Community Garden

Section 83: Reserved

Section 84: Kennels

Section 85: Outdoor Commercial Patios

Section 86: Parking on Place of Worship Sites

Section 87: Rapid Transit Network

Section 88: Security Huts for Diplomatic Missions

Section 89: Small Batch Breweries

Section 90: Snow Disposal Facilities

Section 91: Utility Installations

Section 92: Wayside Pits and Wayside Quarries

 

 

Part 4 – Parking, Queuing and Loading Provisions

 

Section 100: General Parking Provisions

Section 101: Minimum Parking Space Rates

Section 102: Minimum Visitor Parking Space Rates

Section 103: Maximum Limit on Number of Parking Spaces near Rapid Transit Stations

Section 104: Shared Parking Provisions

Section 105: Tandem Parking Provisions

Section 106: Parking Space Provisions

Section 107: Aisle and Driveway Provisions for Parking Lots and Parking Garages

Section 108: Steep Driveways

Section 109: Location of Parking

Section 110: Landscaping Provisions for Parking Lots

Section 111: Bicycle Parking Space Rates and Provisions

Section 112: Provisions for Drive-Through Operations

Section 113: Loading Space Rates and Provisions

Section 114: Parking Credits

 

Part 5 – Residential Provisions

 

Section 120: Accessory Satellite Dish or Accessory Amateur Radio Antenna in Residential Zones

Section 121 : Bed and Breakfast Provisions

Section 122: Conversions

Section 123 : Front Yard Setback Reductions

Section 124: Garden Suite Provisions

Section 125 : Group Home Provisions

Section 126: Heavy Vehicles and Recreational Vehicles Associated with a Residential Use

Area and Site Affected

Comment

Discussion

Action

City-wide

Verbal comment was made expressing concern for the removal of a regulation that currently exists in old West Carleton that permits front yard parking of certain heavy vehicles, including boats, RVs and trailers for camping on waterfront lots.  The reason for the regulation is to reflect existing developments where the dwelling is located back from the front property line a great distance so as to be closer to the waterfront, which results in less room on-site to park such vehicles. (K. Black)

Concur.  Moreover, from an environmental perspective, and in conjunction with proposed setbacks from watercourse regulations for development, it is considered good planning to permit some front yard parking, where there is not enough room in an interior side yard, or in other yards where the tile bed might locate, so that parking must not be required to park in the rear yard adjacent to the watercourse.

That Table 126  - Maximum Number of Vehicles Permitted to be Parked, Columns I and II – be modified to permit the parking of recreational vehicles, a trailer for camping or a boat, on lots abutting a watercourse, and where the interior side yard is less than 3 metres wide, in any yard other than a minimum required front yard in Residential Zones, and limited to one or two vehicles depending on the zone and location

Section 127: Home-Based Business Provisions

Section 128: Home-Based Businesses in RU and AG Zones

Section 129: Home-Based Day Care

Section 130: Non-Residential Uses in Residential Zones

Section 131: Planned Unit Development

Section 132: Rooming Units in Private Dwellings

Section 133: Secondary Dwelling Units

Section 134: Shelters

 

 

Part 6 – Residential Zones

 

General Comments

Section 167: RM – Mobile Home Park Zone

Section 168: RM Subzones

 
 

Part 7 – Institutional Zones

 

This section of the draft Comprehensive Zoning By-law deals with the Urban area only.

 

 

 

Part 8 – Open Space and Leisure Zones

 

Sections 179: O1 – Parks and Open Space Zone

Area and Site Affected

Comment

Discussion

Action

Greely, Block 24, Plan 4M-1158

 

Ward 20

Woodstream Phase 1 should be zoned Private Open Space (O2) Zone. (Sunset Lakes)

 

The proposed zoning boundaries reflect those show in the current Osgoode By-law

Do not support change

Greely, Block 60, Plan 4M-1305

 

Ward 20

Block 60, Plan 4M-1305 may more appropriately be zoned as DR.  This zone did not previously exist in Osgoode. (Sunset Lakes)

The proposed zoning boundaries reflect those show in the current Osgoode By-law.

Do not support change

Section 180: O1 Subzones

Area and Site Affected

Comment

Discussion

Action

Lands East of Hawthorne from Hunt Club to Leitrim Roads

 

Ward 10

 

The O1O zone passes over National Capital Commission (NCC) Greenbelt lands that are zoned Agricultural and Environmental.  Utility installations are permitted in all zones.  We agreed that, in order to address Trans Canada’s concerns, an exception would be added to the AG and EP zones that recognizes the primary agriculture and environmental uses, but specifies the required setbacks and building restrictions within the pipeline right-of-way. (NCC)

Concur- replace the O1O Subzone on these lands with an exception that retains the provisions of the O1O Subzone, while permitting agricultural and environmental uses.

Change zoning on these lands to replace the O1O Subzone with an exception that contains the provisions of the subzone while allowing agricultural and environmental uses

 
 

Part 9 – Environmental Zones

 

Sections 183: EP – Environmental Protection Zone

Area and Site Affected

Comment

Discussion

Action

City wide

Suggest an overlay similarly to a flood overlay but indicating that an EIS is required for lands designated Rural Natural Features in the OP.  Also, in the sections with zoning designed for new development within Rural Natural Features, a note or footnote that an EIS is required if the area is designated as a rural natural feature. 

 

A note stating the following should also be included: Official Plan Section 3.2.4 on RNF's provides that "Any development within or adjacent to these lands must be assessed in terms of its impact on the area's natural features, particularly impacts arising from the extent of disturbance and the location of buildings."  We feel that the zoning by-law should include as much information re the requirements for development of a lot as feasible.  (Amy Kemptser)

The lands designated Rural Natural Features in the Official Plan have been zoned RU – Rural Countryside Zone. The implementation of the Official Plan policy requiring an EIS (Environmental Impact Statement) is intended to be implemented through the development application process (lot creation, zoning by-law amendment or variance or site plan control approval). The purpose of an overlay in the zoning by-law is to provide for additional regulations to the base zone, not to provide notification of requirement for a study.

It is understood that the public needs to be made aware of this requirement and to refer to schedule A in the Official Plan to determine if their lands are within or adjacent to a Rural Natural Features designation, and if they need to submit an EIS, but adding another overlay which is simply a “flag” will make the draft Zoning By-law more difficult to read and would lead to additional request for other such flags to be inserted into the Zoning By-law (ie. airport overlays). Further the addition of a note, while easily done and exists in the draft by-law to a limited extent, would have to be inserted in all rural zones, not just the RU zone. The problem that arises then is that the greater the number of notes that are inserted, the greater the expectation that other related notes should be added to the draft Zoning By-law.

 

It is anticipated that such requirements should be identified through contact with City staff through the pre-consultation process.

 

Do not support adding an overlay to identify areas within or adjacent to a designated Rural Natural Feature or a note in all zones.

City wide

We have concerns regarding the intent and tone of these sections. On one hand, the need to recognize and protect important environmental features is addressed, while on the other hand regulation of development is also discussed. Permitted uses seem to favour environmental preserves or education facilities, and the section on sub-zones addresses the establishment of "one detached dwelling". But, the connotation of "development" is considerably more than this, and so the term  needs to be more fully discussed and defined, specifically as it relates to EP zones.

 

The note at the end of Part 9 states that "Development in an EP zone... may be regulated under the Conservation Authorities Act and, in addition to a building permit...may require a permit from the Conservation Authority or other authority having jurisdiction over the regulated area". Such a vague and "soft" requirement is, in our opinion, unacceptable. In an EP zone, should not approval by a Conservation Authority be mandatory? (North West Goulbourn Community Association - NWGCA)

The EP zone was intended to limit permitted uses to those with minimum environmental impact.  In the EP subzones, uses such as utility installations, detached dwellings and agricultural uses were permitted primarily to recognize existing legally established uses.  Any proposed new development would be evaluated on the basis of the policies of the Official Plan.

 

 

 

 

 

 

The wording in the note has been reviewed by the Conservation Authority and the use of the word “may” was considered appropriate. Most times, approval will be required by the Conservation Authority but not in all cases. This is just a note to advise or flag additional information, it is not a regulation.

Do not support change

Section 184: EP Subzones

Area and Site Affected

Comment

Discussion

Action

3339 Klondike Road

 

Ward 21

Do not support the proposed EP2 zoning as it is not consistent with the RU-Rural Countryside zoning to the south and east; should place this lot in the RU Zone as well (Denis Labelle)

Proposed EP2 zoning reflects the Official Plan Natural Environment Area designation of this property (site borders on the Marlborough Forest)- the area to the south and east is designated as General Rural Area, thus the RU zoning. Note that the EP2 subzone permits one detached dwelling fronting on a public street, along with an agricultural use and home based business, so the existing dwelling remains conforming.

 

The difference between the existing A2 zone and the proposed zoning with respect to permitted land uses are that the following uses would no longer be permitted:  cemetery, kennel, livestock sales barn and private landing field.

Do not support change

 

 

Part 10 – Mixed Use/Commercial Zones

 

This section of the draft Comprehensive Zoning By-law deals with the Urban area only.

 

 

 

Part 11 – Industrial Zones

 

This section of the draft Comprehensive Zoning By-law deals with the Urban area only.

 

 

 

Part 12 – Transportation Zones

 

Section 207: T1 – Air Transportation Facility Zone

Area and Site Affected

Comment

Discussion

Action

Lester Road/Airport Parkway

 

Ward 10

We would also like to ensure that the area north of Lester Road and east of the Airport Parkway but west if the CPR right of way (and south of Hunt Club Road) receives protective zoning rather than the T1A and I1E it is (I believe) now zoned.  This area is nesting habitat for several species of turtles and therefore should be protected as the area east of the CPR now is. (Amy Kemptser)

This area has been zoned T1A to reflect Macdonald-Cartier International Airport designation in the Official Plan. For this area to be zoned as EP – Environmental Protection zone, a review of the lands needs to be undertaken, and determination of their environmental value confirmed and identified in the Official Plan.  The lands east of the CPR are designated Natural Environment Area in the Official Plan and this is why they are designated EP in the draft Zoning By-law.

Do not support change.

Section 208 : T1 Subzones

Area and Site Affected

Comment

Discussion

Action

Carp Airport Environs

 

Ward 5

Impose height limit on lands in vicinity of Carp Airport to ensure that no buildings or structures will create a flight safety hazard. (Novatech)

The draft Zoning By-law includes Schedule 11r which brings forward existing height limits adjacent to one corner of the Carp Airport. Imposing additional height limits surrounding airport requires significant additional work that is not enabled through current Official Plan policies. Novatech has been advised of this and will pursue this through the review of the Official Plan.

No change required at this time.

 

 

Part 13 – Rural Zones

 

General Comments

Section 211: AG – Agricultural Zone

Area and Site Affected

Comment

Discussion

Action

4591 Mohr’s Road

 

Ward 5

Include an exception to

the "AG-Agricultural Zone", exempting this property from the provisions of Section 67 which requires a minimum setback from an ME-Mineral Aggregate

Zone of 30 metres, to implement in perpetuity the decision of the Committee of Adjustment on August 9, 2002 (Margaret Chown)

A reduction in the required setback from a Mineral Extraction zone from 120 metres to 30 metres is currently in effect and this approval under the draft Zoning By-law transition provisions would continue for three years after the adoption of the new Comprehensive Zoning By-law.  However, the draft, harmonized provisions now require a minimum setback of 150 metres instead of the current 120 metres. Given this, it is felt appropriate to indicate in the zoning of the property the reduction in setback from the new higher standards for residential uses from a mineral extraction pit.

Add an exception to the AG zone indicating that the minimum setback from a Mineral Extraction zone is reduced from 150 to 30 metres.

Section 212 : AG Subzones

Area and Site Affected

Comment

Discussion

Action

4028 Vaughan Side Road

 

Ward 5

 

The subject site is not an existing farm lot and therefore should not be zoned AG3, rather I feel it should be classed as RU. (L. Austin)

This property was proposed to be zoned AG3 based on land use seen from air photos and an interpretation of the location of the Official Plan’s limit of the Agricultural Resource Area designation.  A more detailed review using the LEAR score for the property would indicate it would more appropriately be zoned RU, the same as the neighbouring property to the west.

Change from AG3 to RU zone

Section 213: ME – Mineral Extraction Zone

Area and Site Affected

Comment

Discussion

Action

City wide

From the present wording, it appears as though interim uses would be permitted on land designated MR that do not restrict, in any way, the future potential for aggregate extraction "on the lands or neighbouring lands". Again, why is there a reference made to "neighbouring lands"? Indeed, the intent should be to permit interim uses on lands designated as MR that do not jeopardize the future right to extract aggregate from those same lands. What goes on in neighbouring lands should not be restricted by the MR designation. (NWGCA Inc.)

The wording in the zone purpose statement makes reference to interim land uses on “lands or neighbouring lands”; with the comment that thus applies to lands outside of the Mineral Aggregate designations.  This is not the intent, the reference to interim land uses is to mean on a property or an adjacent property all of which are within the designation (MR zoned area).  To avoid this the wording will be changed to “lands within the MR zone”.

Reword to clarify intent is only for properties within the zone

Section 214 : ME Subzones

Area and Site Affected

Comment

Discussion

Action

City Wide

In our opinion, this item is unclear. It indicates that the purpose of ME is to "allow a limited range of permitted uses which are related to or compatible with mineral extraction operations, as well as interim uses that would not sterilize the potential for future mineral extraction operation on the lands or neighbouring lands". From the wording in the latter part of the statement, it would seem that the intent (or desire) is to carry out mineral extraction operations on neighbouring lands at some point in the future, and this goal should not be hampered. We are not sure that is the actual intent, but clarification is required. Why are neighbouring lands brought into this statement at all? In fact, it would seem from item (3) that restrictions are going to be imposed on ME lands which would minimize the impact on the surrounding/neighbouring areas, rather than "preserving" them for mineral extraction. (NWGCA Inc.)

The wording in the zone purpose statement makes reference to not sterilizing the potential for mineral extraction operation on “lands or neighbouring lands”; with the comment that this thus applies to lands outside of the Mineral Aggregate designations.  This is not the intent, the reference is meant to apply to a property or an adjacent property all of which are within the designation (ME zoned area).  To avoid this the wording will be changed to “lands within the ME zone”.

Reword to clarify intent is only for properties within the zone

Section 215: MR – Mineral Aggregate Reserve Zone

Section 216: MR Subzones

Section 217: RC – Rural Commercial Zone

Section 218 : RC Subzones

Area and Site Affected

Comment

Discussion

Action

5699 Longshadow Street

 

Ward 20

Request that the site specific zoning for the subject lands (RC[436r]) include both a restaurant and an artist studio as per the current zoning; note that only the restaurant use has been added.  (Princiotta)

 

Concur- add “Artist Studio” to Column IV of exception [436r] as a permitted use to reflect the provisions of the current zoning by-law affecting the lands know municipally as 5699 Longshadow Street.

Add “Artist Studio” to Column IV of exception [436r] as a permitted use

7268 Parkway Road

 

Ward 20

We would like to ensure that all of the permitted uses intended by the former Township of Osgoode council are permitted on this site including a grocery store, retail and office uses, etc.  (Sunset Lakes)

The subject site is currently zoned C4[280] in the Osgoode By-law. Exception 280 restricts land uses to: amusement arcade; artist studio; assembly hall, place of recreation or amusement; automobile fuel sales; bake shop; bank; catering establishment; clinic, medical, health and veterinary; club, private; day nursery; dry cleaning/laundry outlet; equipment rentals; library; office, business; office, government; pub or restaurant; retail store; second hand shop; school, instructional (dance, fitness, music, tutoring); service shop, business or merchandise or personal; and tourist establishment. The proposed zoning is RC[153r]. This zoning permits all of the uses allowed under the current C4[280] zone.

No change required.

5594 and 5600 First Line Road (Lot 3, Concession 1, Rideau)

 

Ward 21

 

Repeat of previous request for recognition of existing uses and new uses on these adjacent properties. 

Additional request for specific clarifications

[D. Dods]

Most of the comments have already been addressed in Document 2 of ARAC report ACS2007-PTE-POL-0062. 

 

New comments for clarification, which are agreed to, are:

-reference to “lawn/garden equipment” be changed to “”lawn, garden and landscaping, equipment”

-where reference is to sales, or sales and rental, or sales, service and rental it should be clear in all cases that is “sales, service and rental”

- the words “portable generators” be changed to “generators”

 

Request for rental and storage business with no restriction on type of storage or size was made; this continues to not be supported by planning staff.  If a request is made via the Councillor’s office for an additional use to this RC[174r] zone to permit the existing storage that takes place on site, such would be supported by staff. 

 

The request has been made again for a rezoning of the north property at 5594 First Line Zone.  As stated in Document 2 of ARAC report ACS2007-PTE-POL-0062, this request is not supported, as it is contrary to both the Official Plan and the Provincial Policy Statement 2005.     

 

 

 

 

Support clarification of uses as indicated.

 

 

 

 

 

 

 

 

 

Do not support requests for warehouse with no restrictions

 

 

 

 

 

Do not support proposed rezoning of 5594 First Line Road

Section 219: RG – Rural General Industrial Zone

Section 220: RG Subzones

Section 221: RH – Rural Heavy Industrial Zone

Section 222: RH Subzones

Section 223: RI – Rural Institutional Zone

Area and Site Affected

Comment

Discussion

Action

1491 Manotick Station Road

 

Ward 20

Request that the specific inclusion of the list of accessory uses that is currently permitted for the site-specific zone or written confirmation that they would all be permitted.  (Princiotta)

 

This comment has already been addressed in Document 2 of ARAC report ACS2007-PTE-POL-0062. “The terms “retirement home” and “residential care facility” are defined to include accessory or ancillary uses such as medical, counselling, personal or recreational services to serve the residents.  The one requested accessory use “animal sanctuary and duck pond” (now classified as an “environmental preserve and educational area limited to an animal sanctuary and duck pond”) is unique and will be added to the RI5[473r] exception zone for this site.

Modify exception by adding “ environmental preserve and educational area limited to an animal sanctuary and duck pond” as a permitted use.

Section 224 : RI Subzones

Area and Site Affected

Comment

Discussion

Action

Greenbelt

Consider urban zones for the Nepean Sportsplex – Confederation High School site (L2 rather than RI4), open space lands north of the Queensway-Carleton Hospital (L1 rather than RI4) and the Queensway-Carleton Hospital itself (I2 rather than RI).   Our reasoning is that these uses are not really suited to a Rural Institutional zone, and are more urban in character due to their scale and to their location on the inner edge of the Greenbelt, next to major urban developments.

(NCC)

Because the lands in the Greenbelt fall under the rural portion of the draft Zoning By-law, rural zones had to be applied in order to be able to produce a rural extract of the draft Zoning By-law.

Do not support change.

Queensway – Carleton  Hospital

 

Ward 8

The 20 metre maximum height, as is currently permitted, should be incorporated for the RI zone at this location and lot coverage increased. (NCC)

Concur, an increase from the standard 12 metre height limit to 20 metres and increase in maximum lot coverage from 30 to 50% for this property is appropriate given the site’s location in proximity to the urban area.

Create exception to reflect increase lot coverage and place increased height limit on zoning map.

Section 225: RR – Rural Residential Zone

Area and Site Affected

Comment

Discussion

Action

City Wide

There should be one standard for all estate lot subdivision in the City with a minimum lot size of 1 acre.  (D. Porecha)

The OP does not allow country estate subdivisions at smaller than a minimum lot size of 2 acres (either new ones or a re-subdividing of existing as proposed here). 

Do not support change

Section 226: RR Subzones

Area and Site Affected

Comment

Discussion

Action

Lots 39, 40, 58, 59 & 60, on Plan 689, part of Lot 1, Concession 8, (Torbolton)

 

Ward 5

Request that Lots 39, 40, 58, 59 & 60, Plan 689, being part of Lot 1, Concession 8, (Torbolton) be rezoned as the proposed RR5 zoning will not permit the development of these lots despite the fact that development would be permitted under the current provision of the West Carleton By-law. (F. Cogan)

City property information indicated that this one property, for which the RR5 zone would be appropriate.  Further research shows that this is not correct and these lots have not merged in title but exist as individual legally transferable lots and therefore the RR10 zone is the appropriate zoning. 

Change from RR5 to an RR10.

1325 Millburn Crescent

 

Ward 19

 

 

I want to raise objections to the proposed zoning change (RR1 r9) to 1325 Millburn Crescent in Cumberland. I understand the proposed new zoning for this property is an exception (r9) to the general zoning (RR1) in the area. Whereas most properties in the area will have a minimum .8 hectares requirement, this property will be one of only seven properties to have the minimum 1.5 hectares requirement. (Mike Nakashoji)

Concur, modify zoning of the lands zoned RR1[9r] along Minongue Drive, Milburn and Royal Maple Drive be changed to delete the 9r exception.

Modify zoning to eliminate 9r exception zone.

2715 Richardson Side Road

 

Ward 5

Proposed RR3[521r] zoning places existing firewood cutting/drying/ sales operation, and existing livestock operation in a non-conforming situation, and would prohibit a proposed accessory dwelling house and a planned dog kennel; lands should remain in a zone similar to the existing RU-Rural Zone (Bruce Sheaves)

Concur- no objection to placing this property in an RU Zone, which would recognize the existing uses

Change zoning of the subject lands to RU[521r]

1019 River Road

 

Ward 20

Change proposed RR5 zoning of property to allow existing retail business selling archery and hunting supply. (Dan Faubert)

Concur, the existing zoning of the property is about 2/3rds commercial and 1/3 residential and the zoning line cuts through the existing building. It is appropriate to zone the property one zone, which would allow the existing commercial use on the property while still allowing the residential use.

Change zoning to RC1 with an exception permitting only the following uses:  retail store as specified in Section 217 but adding the sale of archery and hunting products, equipment or supplies; detached dwelling and dwelling unit.

Section 227: RU – Rural Countryside Zone

Area and Site Affected

Comment

Discussion

Action

Lot 4,W1/2 lot5 and lot 6 (Fitzroy)

 

Ward 5

What happened to the underground storage (Subspace) as a permitted use, as agreed to at our OMB hearing. (R. Copeland)

The OMB appeal in question was in regards to the former Regional Official Plan, not the zoning by-law. The new 2003 Official Plan, Section 3.2.4 Rural Natural Features and Section 3.7.2.3 General Rural Area, continues the policy of allowing for underground mining subject to the undertaking of an Environmental Impact Study favourable to the proposed use and approval of a rezoning amendment by Council.

 

According to Zoning By-law No. 266 of 1981 of former West Carleton Township the current zoning of these lands is Rural (RU) and the draft Zoning By-law also proposed the lands continue to be zoned Rural (RU).  Development of underground storage/mineral extraction will require a site-specific re-zoning application.

Do not support change

3041 Regional Road 174

 

Ward 19

 

 

Would like to keep permission in zoning to allow a “sports and recreational facility” at this location. (Phillip Eyre)

-the existing WR-Waterfront Residential Zone and other residential zones under the Rural Cumberland Zoning By-law do permit an "Outdoor Private Recreational/Sports Facility", e.g. a rink, tennis/badminton courts.  The definition of this use states, “This facility shall not include any commercial activities”.  The existing Rural Recreational/Commercial zone, not the zoning of this property, is used in the Cumberland Zoning By-law to permit uses such as “Go-Kart or Snowmobile Track” and “Mini-Putt Golf Course or Driving Range”.  Such a facility open to the public is not permitted on the property under the current zoning.

-the Official Plan states that  "new recreational commercial uses" in the General Rural Area designation require a rezoning, and this policy has been implemented in the draft zoning by-law. Any proposal to develop new recreational facilities on this site should be subject to a rezoning application.

Do not support change

389 Vances Side Road

 

Ward 5

Wood burning boilers should not be permitted to emit harmful chemicals and should be subject to appropriate safety and health regulations

 

Noise emanating from yard maintenance and other noisy equipment should be banned on weekend and statutory holiday evenings after 5 p.m. (Dr. Jan Galuszka)

Neither of these matters can be addressed legally in a zoning by-law, as enabled by Section 34 of the Planning Act. Noise issues are dealt with under the Noise By-law; note that the City has no by-law in effect to address wood burning boiler emissions (may be a Provincial jurisdiction if there is a health or environmental problem)

Do not support change

Section 228 : RU Subzones

Section 229: VM – Village Mixed-Use Zone

Area and Site Affected

Comment

Discussion

Action

City Wide

Delete Section 229 (1)(b) which excludes building outlets, lumber dealers and automotive parts and accessories sales from the definition of retail store in the VM zone. (Bev Millar)

Agreed – staff will delete this provision of the VM zone so that building outlets, lumber dealers and automotive parts and accessories sales are included in the definition of retail store.

 

Section 3.7.1, Policy 6(g) of the Official Plan states that: “in the case of uses requiring large land areas for outdoor storage, sale or service of goods, other than uses that do not operate year-round and can be considered a common component of a permitted use, such as a garden centre in association with a retail use: i) such uses are only located on an arterial road but not located in identified core area or mainstreet locations; ii) most of the site’s street frontage is occupied by buildings; and iii) the visual impact of outdoor storage or parking on adjacent uses and from the street is minimized through appropriate means.” In order to ensure that this policy is properly reflected in the by-law a new provision restricting outdoor storage in the VM zone will be added. This new provision will state that: “outdoor storage is permitted subject to: a) the principle building occupying 65% of the street frontage for a minimum depth of 3 metres; b) not being located in a required yard; and c) being completely enclosed and screened from a public street, and from residential or institutional zones.” Restrictions on outdoor storage in village “core areas” will be developed through the community design process. All existing situations of outdoor storage in the proposed VM zones that do not meet this new provision will be grandfathered.

Delete Section 229 (1)(b)

 

 

 

 

 

Add a provision to Section 229 stating that “outdoor storage is permitted subject to: a) the principle building occupying 65% of the street frontage for a minimum depth of 3 metres; b) not being located in a required yard; and c) being completely enclosed and screened from a public street, and from residential or institutional zones.”

Section 230 : VM Subzones

Section 231: V1 – Village Residential First Density Zone

Section 232 : V1 Subzones

Area and Site Affected

Comment

Discussion

Action

Greely, Plan 4M-1343

 

Ward 20

West Beach Subdivision, Plan 4M-1343 should be zoned V1E(617r).  Please note that on the existing map it is shown as Leisure Lake Road; this has now been renamed West Beach Way. (Sunset Lakes)

West Beach Subdivision, Plan 4M-1343 was re-zoned through Zoning By-law Amendment No. 2007-300. The on-line maps only show by-law amendments up to 2007-299. This zoning change will be incorporated into the next release of the by-law.

No change required

Greely, Block 58, Plan 4M-1305

 

Ward 20

Block 58, Plan 4M-1305 was rezoned by the Woods Lake By-law and should be zoned V1E(617r). (Sunset Lakes)

Concur, re-zone lands to V1E[617r] to reflect current Osgoode zoning.

 

Re-zone lands to V1E[617r]

166 Rivington Street, Carp

 

Ward 5

Rezone lots 81, 82 and 83 to be consistent with the higher density residential development zoning encouraged in the Community Design Plan for the Village of Carp and would also be consistent with the zoning of all the adjacent properties. (Theresa McKeown)

 

The proposed zoning for the zoning lots in question has been modify in the September 2007 release of the draft by-law from V1M to V3I to reflect to the intent of the Community Design Plan for the Village of Carp.

No change required

Section 233: V2 – Village Residential Second Density Zone

Section 234 : V2 Subzones

Section 235: V3 – Village Residential Third Density Zone

Section 236: V3 Subzones

 

 

Part 14 – Other Zones

 

Section 237: DR – Development Reserve Zone

Section 238: DR Subzones

 

 

Part 15 – Exceptions

 

Section 240: Rural Exceptions

 

 

Part 16 – Appendices – Administrative Lists and Processes

 

 

Part 17 – Schedules

 

 

Part 18 – Zoning Maps

 

Area and Site Affected

Comment

Discussion

Action

RCMP campus just south of St Joseph Boulevard

 

Ward 2

The zone label for the RCMP campus just south of St Joseph Boulevard, should be RC10(264r); it currently shows RC(264r).  (NCC)

Concur – change label to be RC10(264r)

Modify zone code to read RC10(264r)

City wide

Due to the modifications to the EP primary zone and subzones (in particular, EP3), there are mapping corrections required for environmental sites in the Greenbelt.  This will ensure that the most restrictive zone, the EP zone, is applied to these sites.  (NCC)

Concur – assign EP zone to applicable sites.

Assign EP zone to applicable sites.

1105 March Road

 

Ward 5

There are three parcels associated with this address, two are zoned RI5 H (15) and one is zoned RI5. (Ottawa Catholic School Board)

Modify zone code to reflect the appropriate 15m height limit across the entire site.

Add H(15) to site

5536 Bank Street

 

Ward 20

There are three parcels associated with this address, two are zoned RI5 H (15) and one is zoned RI5. (Ottawa Catholic School Board)

Modify zone code to reflect the appropriate 15m height limit across the entire site.

Add H(15) to site

1145 Stittsville Main

 

Ward 6

 

The zoning on the site is currently listed as R3Z [728].  This parcel should reflect the new institutional zoning. (Ottawa Catholic School Board)

This comment deals with a site located within the urban area. This proposed change will be considered during the revisions for the urban portion of the by-law.

Applies to urban area, not rural area of draft Zoning By-law

Fernbank Development Lands

 

Ward 21

Although a portion of these future development lands have been designated as “Development Reserve” there is still a portion of the lands on the eastern side that has a zoning of “Agricultural” or “AG”.  We assume this land will ultimately be zoned as “DR” but would request clarification on this issue. (Ottawa Catholic School Board)

The DR zone boundary will be revised once the urban boundary has been refined through the Fernbank Community Design Plan. At that point, all lands located within the boundary, including the school site, will be zoned DR or another appropriate zone. However, until the boundary has been refined, an AG zone will be applied to the portion of the site that is in the rural area.

No change required

2717 8th Line Road, Metcalfe

 

Ward 20

The City has identified the size of this property as 2.93 acres.  Please be advised that the Board acquired additional land in the early 1970’s and the actual size of the property is approximately 6.08 acres.  Please note that the change in size may have an impact on the zoning of this parcel. (Ottawa Catholic School Board)

The change in size will not have an impact on the zoning of this parcel.

No change required

15 de Niverville Drive

 

Ward 10

It appears that that proposed zoning for Uplands Catholic School is “RI” which does not include the height suffix that has been added to the majority of our other schools. (Ottawa Catholic School Board)

Modify zone code to reflect the appropriate 15m height limit across the entire site.

Add H(15) to site

 

 



REVISED DRAFT COMPREHENSIVE ZONING BY-LAW – RURAL AREA AND GREENBELT – PUBLIC MEETING AND APPROVAL

VERSION RÉVISÉE DU RÈGLEMENT DE ZONAGE PRÉLIMINAIRE – SECTEUR RURAL ET CEINTURE DE VERDURE

ACS2007-PTE-POL-0062                                             CITY WIDe / À L’ÉCHELLE DE LA VILLE               

 

Francoise Jessop, Program Manager, Zoning Studies and Area Planning Central, Planning Branch, Planning, Transit and the Environment spoke to a PowerPoint presentation, which served to provide the Committee with a concise overview of the staff report and the time lines for the Comprehensive Zoning By-law.  Ms. Jessop went into details in the presentation, stating why it was necessary to develop this new by-law and the fact that 36 zoning by-laws were presently in effect.  A copy of this presentation is held on file with the City Clerk.

 

In response to Chair Jellett’s question on the time line for the final report, Ms. Jessop stated that it would be forthcoming in January 2008, after the comments and written submissions had been received and Council had received it in December.

 

Chair Jellett and Councillor Brooks stated the importance that the residents of the rural areas read the report and become informed on what the new by-law entails.

 

Councillor El-Chantiry inquired if any examination had been done with respect to waterfront properties, such as in Constance Bay for example, regarding the use and storage of automobiles, boats, wood and etcetera on those properties.  Ms. Jessop stated that the subject had come up previously during public meetings and she anticipated it might be raised at the November 8th meeting in Carp.  She added that some form of accommodation is being contemplated.

 

Mr. Dan Faubert, resident of River Road in Manotick stated his concerns regarding his property, which is currently zoned as mixed residential and commercial, and would, under the new by-law, change to residential use only.  This would restrict his current usage of the property regarding bows and arrows and he would like to see it remain as is.  With regards to another matter on a creek flowing by his property, which had been redirected by the former Regional government, Councillor Thompson stated that he had engaged in discussions with Mr. Faubert and with City staff and that it could be looked at again with the City’s Legal Department but he felt it to be mainly a dispute between property owners.

 

The Chair suggested he speak directly with Ms. Jessop to address his concerns.

 

The hearings continue on this report at the November 8th and November 22nd meetings.

 

That Agriculture and Rural Affairs Committee:

 

1.         Hold a public meeting on the City of Ottawa Draft Comprehensive Zoning By-law -Rural Area and Greenbelt in accordance with the Planning Act.

 

2.         Recommend Council approve:

 

(a)        the Draft Comprehensive Zoning By-law, volumes 1 (text and schedules) and Volume 2 (zoning maps) – September 2007 noted in Document 1;

 

(b)        staff recommendations noted in the Action Column IV of Document 2 - Draft Comprehensive Zoning By-law - Rural Area and Greenbelt - Summary of Comments on the May 2006 version and Modifications; and

 

(c)        the Additional changes to the Draft Comprehensive Zoning By-law – Rural and Greenbelt Area as noted in Document 3.

 

 

3.         Upon Council approval of the new comprehensive zoning by-law, and in the event of appeals to the Ontario Municipal Board (OMB), the most restrictive provisions of either,

 

(a)        the existing zoning by-laws of the former municipalities, or

 

(b)        the new comprehensive zoning by-law,

 

will apply until such appeals are disposed of by the OMB.

 

PUBLIC HEARINGS TO BE CONTINUED AT THE MEETINGS OF NOVEMBER 8 AND 22, 2007

 



REVISED DRAFT COMPREHENSIVE ZONING BY-LAW – RURAL AREA AND GREENBELT – PUBLIC MEETING AND APPROVAL

VERSION RÉVISÉE DU RÈGLEMENT DE ZONAGE PRÉLIMINAIRE – SECTEUR RURAL ET CEINTURE DE VERDURE

ACS2007-PTE-POL-0062                                             CITY WIDe / À L’ÉCHELLE DE LA VILLE               

 

Francoise Jessop, Program Manager, Zoning Studies and Area Planning Central, Planning Branch, Planning, Transit and the Environment spoke to a PowerPoint presentation, which served to provide the Committee with a concise overview of the staff report and the time lines for the Comprehensive Zoning By-law.  Ms. Jessop went into details in the presentation, stating why it was necessary to develop this new by-law and the fact that 36 zoning by-laws were presently in effect.  A copy of this presentation is held on file with the City Clerk.

 

Mr. Mark MacGowan, resident of Mohrs Road brought forth his concerns regarding wind farms and stated that standards should be instituted now in the by-laws before major wind farm projects are built.  He felt that the City of Ottawa could learn from mistakes made by other jurisdictions worldwide.  A copy of his PowerPoint presentation is held on file with the City Clerk.

 

In response to Councillor El-Chantiry’s question on whether the City of Ottawa had a policy on the set back distance of wind turbines from homes and roads, Ms. Jessop stated that the draft by-law had set it at 250 metres, which is the world standard.  In Mr. MacGowan’s presentation he had stated that 750 metres would seem a logical and safe limit.

 

Chair Jellett inquired if the 250-metre standard could be reviewed and increased and Ms. Jessop stated that her and her colleagues would review this and report back at the November 22 meeting.

 

With regards to wind turbines used for farm use only, Chair Jellett stated that it might be more prudent to view these differently that those used for commercial energy sales.

 

Councillor Brooks stated that the City of Ottawa should do its research and homework now since there is no doubt that some cases may be referred to the Ontario Municipal Board.  Councillor Brooks also stated that restrictions on height, noise, vibrations and set back limits should be researched and set now, as this will also affect property values.

 

Mr. Philip Eyre, resident Regional Road 174 expressed his concerns with regards to his property on Regional Road 174 and the existing uses permitted.  He would like to add RU5 to this site, which would allow for sports and recreation facilities and related commercial activities with defined terms to provide restrictions for future use. A copy of his PowerPoint presentation is held on file with the City Clerk.

 

Chair Jellett suggested that Mr. Eyre contact his office to work out more details on his proposal.

 

Mr. Murray Chown, spoke on behalf of his widowed mother, Mrs. M.I Chown, who owns a 1 acre property in Mohr Corners.  He stated that in 2005 there was an offer to purchase the property but the sale had not taken place.  The concern here is the mineral extraction zone of a property nearby which extends 100 metres beyond the property which influences the zoning of his mother’s property.  In August of 2002 a Committee of Adjustment decision adjusted this to 30 metres but because this variance was never acted upon the privileges were lost.  Mr. Chown is looking for a site-specific exception.

 

Ms. Jessop stated in response to Councillor El-Chantiry’s question that any exception would have to be site-specific as requested by Mr. Chown.  Chair Jellett stated that this could be put into a motion at the November 22 meeting.

 

Mr. Murray Chown, representing Mr. John Phillips and West Capital Developments, expressed concerns with regards to the zoning surrounding Carp Airport and why special provisions for it are not reflected in the zoning by-law as they are for the Ottawa International Airport since the Carp Airport area needs to be protected as well for existing and future operations.  He also stated that the former Township of West Carleton had placed height restrictions on properties located in the area of the runway approaches and wants to ensure that these are maintained if not expanded. 

 

Ms. Jessop stated that the height restrictions are reflected in the draft by-law and Councillor El-Chantiry stated that his office would work with Ms. Jessop and Mr. Chown to possibly expand these height restrictions as well as other requests with regards to the Carp Airport development and operations.

 

Mr. Leslie Austin, resident of Vaughan Side Road presented his case with regards to his property, which is proposed to be zoned AG3.  However, he states that his lot is less than the 10 hectares, which is the minimum size used for this designation and would therefore request a different designation similar to those of surrounding properties, which have the same soil. 

 

Ms. Jessop stated that she would come to the meeting on November 22 with a resolution that would be mutually acceptable to all parties.

 

That Agriculture and Rural Affairs Committee:

 

1.         Hold a public meeting on the City of Ottawa Draft Comprehensive Zoning By-law -Rural Area and Greenbelt in accordance with the Planning Act.

 

2.         Recommend Council approve:

 

(a)        the Draft Comprehensive Zoning By-law, volumes 1 (text and schedules) and Volume 2 (zoning maps) – September 2007 noted in Document 1;

 

(b)        staff recommendations noted in the Action Column IV of Document 2 - Draft Comprehensive Zoning By-law - Rural Area and Greenbelt - Summary of Comments on the May 2006 version and Modifications; and

 

(c)        the Additional changes to the Draft Comprehensive Zoning By-law – Rural and Greenbelt Area as noted in Document 3.

 

3.         Upon Council approval of the new comprehensive zoning by-law, and in the event of appeals to the Ontario Municipal Board (OMB), the most restrictive provisions of either,

 

(a)        the existing zoning by-laws of the former municipalities, or

 

(b)        the new comprehensive zoning by-law,

 

will apply until such appeals are disposed of by the OMB.

 

PUBLIC HEARINGS TO BE CONTINUED AT THE MEETING OF NOVEMBER 22, 2007

 



REVISED DRAFT COMPREHENSIVE ZONING BY-LAW – RURAL AREA AND GREENBELT – PUBLIC MEETING AND APPROVAL

VERSION RÉVISÉE DU RÈGLEMENT DE ZONAGE PRÉLIMINAIRE – SECTEUR RURAL ET CEINTURE DE VERDURE

ACS2007-PTE-POL-0062                                             CITY WIDe / À L’ÉCHELLE DE LA VILLE               

 

Françoise Jessop, Program Manager, Zoning Studies and Area Planning Central, Planning Branch, Planning, Transit and the Environment spoke to a PowerPoint presentation, which served to provide the Committee with a concise overview of the staff report and the time lines for the Comprehensive Zoning By-law.  Ms. Jessop went into details in the presentation, stating why it was necessary to develop this new by-law and the fact that 36 zoning by-laws were presently in effect.  A copy of this presentation is held on file with the City Clerk.  The following staff accompanied her:

·                                            Steven Boyle, Senior Project Manager, Transportation Planning

·                                            John Moser, Director of Planning and City Planner

·                                            Tim Marc, Senior Legal Counsel, Legal Services

·                                            Dave Leclair, Senior Planner, Zoning Studies

 

The Committee heard from the following public delegations:

 

Terrence Green and Terry O’Neil, on behalf of Full Circle Animal Centre, discussed the property at 1599 River Road including the site’s current use, future use of building a holistic animal hospital and zoning.  Mr. Green asked that the zoning allow the site’s current use to continue under the old Osgoode plan RU zoning, not by legal non-conforming rights because the proposed change would not allow what is outlined.

 

Responding to a question from Councillor Thompson, Mr. Boyle explained the re-zoning of the by-law for the former one zoned rural which applied both to agricultural lands and to the general rural lands.  He pointed out the changes of uses in Osgoode in respect to the veterinary establishment, which would not be permitted because of the removal of that use to re-introduce what will be called animal hospital.

 

Councillor Thompson indicated that he would move a motion to exempt 1599 River Road from the draft zoning plan and Mr. Marc responded that the old zoning by-law cannot continue to apply because it is about to be repealed, but a motion to add the particular uses would be in order for this particular property.

 

Cheryl Doran, Chair, Greenspace Alliance proposed two zoning changes, one to South of Leitrim road, between Bowesville and High Road and second to the area located South of Hunt Cub, East of the Airport Parkway.  She indicated that the municipal zoning designation should reflect the policies of the landowner, being the federal government, which should be environmentally protected at the municipal level.  The proposed rural zoning designations need to be modified and correcting this will enable the city of Ottawa to better align with the policies and acts of the province and the federal government. 

 

Don Stephenson, D&G Landscaping Inc. and North Gower District Community Association explained that three of the properties as part of D&G’s operation are being downzoned and requested appropriate zoning changes.  A copy of Mr. Stephenson’s written submission is held on file with the City Clerk.

 

In response to a question from the Chair, Ms. Jessop noted that all the submissions that have been received since the public hearing are going to be forwarded to Council on December 7, 2007 but will not be responded to each individually.

 

Chair Jellett asked staff to comment on the differences between why the three villages in Rideau are V2C as oppose to V1E.  Ms. Jessop indicated that the word existing in the by-law would be replaced by permitted and noted that if the current by-law mentions the word duplex or semi, it will be in the V2 zone.  Ms. Jessop clarified that if the existing single is built on the minimum required but doesn’t meet the lot size, it wouldn’t be able to get the use.  Chair Jellett asked the ward councillor to follow up on this issue with the Community Association.

 

Amy Kempster, Greenspace Alliance expressed concerns of restrictions on development of Rural Natural Features lands to the zoning by-law.  She suggested that the zoning by-law should include as much information regarding the requirements for development, such as notices on maps or a note on the section of zoning designed for country lot estates, which would avoid the possibility that a resident not consult the Official Plan and not realize that there is some restriction on their land.

 

Ms. Jessop noted the concerns about trying to get information to the public on the variety of studies that may be needed for development proposals but unfortunately to start adding additional overlays are not required and would confuse the regulatory document or by-law.

 

In response to a question from Councillor Brooks, Mr. Marc advised that it would be any number of studies required in the Official Plan that are going to effect the development that can take place on the land, such as Rural Natural Features but there may be noise or vibration setbacks from a railway or a road or a number of other studies. 

 

Dwight Eastman discussed the expansion of the historic hamlet of Kilmaurs and proposed that the hamlet boundary be revised to allow for the creation of one additional residential lot on the south-east corner of the hamlet, as shown on a diagram that he circulated (held on file with the City Clerk), specifically the change in the boundary to allow the hamlet to be rounded out, and would not conflict with any surrounding land usages.

 

Mr. Boyle indicated that such a request would be contrary to the Official Plan and the planning department would not be supporting it although the introductory comments are part of the Rural Settlement Strategy and ARAC may want the planning department to report back.  He mentioned that the Official Plan speaks clearly against a section of infilling in areas of cluster that is very much coming from the Provincial policy statement given that the lands are zoned agriculture. 

 

In response to a question from Councillor El-Chantiry, Ms. Jessop indicated that the submission would go to Council and if it is approved, staff would have to see if there is any appeals to that decision to change the zoning on this property and it would need an official plan amendment because the policy is against such re-zoning.  Chair Jellett mentioned that outside of the comprehensive zoning plan process, there is an additional process, which the applicant could go through which would be a normal re-zoning or zoning amendment. 

 

Murray Chown, Novatech Engineering Consultants Ltd, West Capital Developments and as an individual, mentioned that he addressed ARAC a few weeks ago looking for site-specific exception on the zoning of his mother’s property and also expressed concerns with regards to the zoning surrounding Carp Airport.  He thanked staff for responding to some of the issues raised by proponents with his changes, the preparation of a final draft of the by-law for review, and the holding of a final public hearing.  Mr. Chown addressed the general provision setting a maximum number of parking spaces for uses located within 600 meters of transit stations and also discussed the limitation on showrooms in some of the industrial provisions, noting there are numerous examples of retail and sales within business park and warehouse uses that cannot be accommodated under the 25% limitation set in the by-law. 

 

Allan Graham, AJ’s Catering and Sean Daly, Duncan Funeral Homes indicated that Councillor Thompson has been working on his behalf and other small businesses in the Osgoode ward to get a proper designation to fit within the regulations of the City of Ottawa.  Mr. Graham was under the understanding that the re-zoning process that he had applied for back in 1994 prior to amalgamation, was approved and permitted the operation of his business, but indeed that wasn’t the fact.

 

Councillor Thompson provided background information on the Township of Osgoode’s zoning and indicated that with the help of staff he will move two motions to bring these properties into conformity.

 

Douglas Dods, a resident and owner of DK Dods Limited in the Bankfield, old highway 16 area, explained that the existing rural commercial business is not zoned for all the things that they are doing.  Mr. Dods outlined the categories of equipment of his business and requested a few additional categories. 

 

Following Mr. Dods submission, Councillor Brooks mentioned that he would be moving a motion in respect to this business.

 

A number of motions were tabled and reflected below.

 


Final Version and Final Public Meeting

 

Moved by Councillor E. El-Chantiry:

 

That recommendation 1 be amended to add:

 

1(b)      Direct staff to release the final version of the draft Comprehensive Zoning by-law after City Council disposition of the Planning and Environment Committee Recommendations 2 and 3, and that a final public meeting be held prior to the adoption of the Comprehensive Zoning by-law.

 

                                                                                       CARRIED

 

Ms. Jessop confirmed that the final hearing would occur in February 2008 with final adoption by Council in March 2008.

 

1599 River Road

 

Mr. Marc mentioned that animal cemetery should be added because this type of operation would deal with more than just pets.

 

Moved by Councillor D. Thompson:

 

Be it resolved that the zoning for 1599 River Road be amended to include an exception to permit the following additional uses:

·        animal care establishment

·        animal hospital

·        animal cemetary

 

                                                                                                CARRIED

 

1751 8th Line Road

 

Councillor Thompson noted that this is a property that presently operates as a catering establishment and would have already been covered had the Township of Osgoode gone ahead with its comprehensive zoning review but for some reason did not make it to the table.

 

Moved by Councillor D. Thompson:

 

WHEREAS the property at 1751 8th Line Road is currently developed with a catering establishment;

 

AND WHEREAS the catering establishment does not conform with the existing zoning by-law;

 

AND WHEREAS the draft zoning by-law proposes an RR2 – Rural Residential Zone for these lands, which does not recognize this land use;

 

AND WHEREAS the catering establishment has been part of the community since 1978;

 

THEREFORE BE IT RESOLVED that the draft comprehensive zoning by-law be revised to apply a site-specific exception at 1751 8th Line Road to recognize the existing catering establishment.

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                            CARRIED

 

6971 Bank Street

 

In response to a question from Councillor Thompson, Ms. Jessop noted that if the owner is a non-conforming funeral home, there are issues to that and he may have to go to the Committee of Adjustment to be able to expand.  She suggested that he would be better to be part of the re-zoning as suggested in Councillor Thompson’s following motion:

 

Moved by Councillor D. Thompson:

 

WHEREAS the property at 6971 Bank Street is currently developed with a funeral home;

 

AND WHEREAS the funeral home currently has a non-conforming status;

 

AND WHEREAS the draft zoning by-law proposes an RU – Rural Countryside Zone for these lands, which does not recognize this land use;

 

AND WHEREAS the funeral home is established within this community;

 

THEREFORE BE IT RESOLVED that the draft comprehensive zoning by-law be revised to apply a site-specific exception at 6971 Bank Street to add the existing funeral home as an additional use; and

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                CARRIED

 


Wind turbines

 

Councillor Jellett stepped down from the chair and noted that Mr. Mark MacGowan, a resident of Mohrs Road brought forth concerns at a previous meeting regarding wind farms and requested a maximum distance of 750 metres for wind turbines.  Councillor Jellett advised that that distance is a bit excessive but that 500 metres would be more appropriate.

 

In response to a question from Councillor El-Chantiry, Ms. Jessop commented that staff recommended 250 metres in the report, being the industry standard but staff would have no objection of going to 500 but have not evaluated the implications and also it does not go against any Official Plan policy. 

 

Councillor El-Chantiry indicated that if the policy goes to 500 metres, it would infringe on the wind turbine proposed for Galetta because that distance would restrict future development.

 

Ms. Jessop mentioned that staff would have to research the Galetta site and application to be able to respond but indicated that Councillor El-Chantiry could exempt the Galetta wind turbine from the 500 standard distance.  Mr. Leclair clarified that there is two different situations, there’s an accessory wind turbine, which would be a single freestanding on a farm as opposed to a wind turbine farm.  He noted that the by-law is currently written that the 250 metres would only apply to accessory wind turbines.

 

In response to a request from Councillor Brooks for staff to research wind farms, Mr. Moser indicated that staff will be looking into the matter prior to the refresh of the Official Plan and address some of the issues that have been raised about what are the best standards.

 

Following staff advice, Councillor Jellett withdrew the following motion.

 

WHEREAS Table 55, 6(b)(i) of the Draft Comprehensive Zoning By-law requires that accessory wind turbines with a power rating higher than 1 kilowatt have a minimum setback of the greater of 250 metres or a distance equal to seven times the rotor diameter and 30 metres from any lot line from any dwelling unit or residential zone;

 

AND WHEREAS 500 metres is considered a more appropriate setback distance;

 

THEREFORE BE IT RESOLVED that Table 55, 6(b)(i) of the Draft Comprehensive Zoning By-law be amended to require that wind turbines with a power rating higher than 1 kilowatt have a minimum setback of the greater of 500 metres or a distance equal to seven times the rotor diameter and 30 metres from any lot line from any dwelling unit or residential zone.

 

That pursuant to the Planning Act, subsection 34( 17) no further notice be given.

 

                                                                                                WITHDRAWN

 

Wellhead Protection Overlay

 

Councillor Jellett indicated that it is important to protect the water that residents drink and the zoning by-law should indicate exactly where the Wellhead Protection areas are.

 

In response to a question from Councillor El-Chantiry, Mr. Boyle indicated that the Official Plan Schedule K shows the Wellhead Protection areas, one east of the Rideau River in Vars, one in Carp, one in Munster and one in Richmond.  The 2006 draft zoning by-law, staff had shown the Wellhead Protection on the three communities in the west end of the city but it was not shown on the Vars one because there was some issue of the precision of the mapping.

 

Mr. Marc noted that as part of the Clean Water Act quite separate from the zoning process, the issue of source protection will have to be analyzed through the Source Protection Authority and will come back to this Committee and Council at a future date.

 

Moved by Councillor R. Jellett:

 

WHEREAS the current Draft Comprehensive By-law does not have a Wellhead Protection Overlay;

 

AND WHEREAS the previous Draft Comprehensive Zoning By-law included a Wellhead Protection Overlay as Section 72;

 

BE IT RESOLVED that the previous Wellhead Protection Overlay and the provisions contained in Section 72 as shown in the May 2006 version of Volume 1 &2 of the Draft Comprehensive Zoning By-law be re-instated in the Draft Comprehensive Zoning By-law.

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                LOST

 

YEAS (3):        Councillors R. Jellett, B. Monette, D. Thompson

NAYS (3):       Councillors G. Brooks, E. El-Chantiry, G. Hunter

 

 

Plan 50 PT LOT 1

 

Councillor Jellett noted that the owner of the property has an understanding with the City that the property can be developed but it was omitted in the Comprehensive Zoning By-law.

 

Mr. Marc advised that staff are in accordance with the motion since it is a matter that has been going on for some time and staff are trying to finally bring it to a conclusion.

 

Moved by Councillor R. Jellett:

 

WHEREAS the property known legally as PLAN 50 PT LOT 1; RP 50R7063 PART 3 (NORTH SIDE OF LEO LANE); RP 50R7063 PT PART 1; RP 50R6076 PT PART 1 AND; RP 4R20477 PARTS 2 7 8 AND 9; on Leo Lane in the former Township of Cumberland is currently located within the Flood Plain Overlay;

 

AND WHEREAS under the former City of Cumberland by-law the property is presently zoned R1 with a flood plain overlay which allows a single detached dwelling however the by-law also states that ‘must provide technical evidence as is required to ensure against flooding or slope instability problems’;

 

AND WHEREAS the proposed Flood Plain Overlay would generally prohibit future development;

 

AND WHEREAS the owner of the subject property has a previous understanding with the City that the property can be developed;

 

THEREFORE BE IT RESOLVED that the subject lands will be exempt from the provisions of Section 58 (1) & (2) pertaining to the Flood Plain Overlay.

 

That pursuant to the Planning Act, subsequent 34(17) no further notice be given.

 

                                                                                                            CARRIED

 

Staff Notice

 

Moved by Councillor D. Thompson:

 

1.         That the requirement for a sight-obscuring buffer where adjacent to a rural zone be added to Column V of exception [294r] to reflect the provisions of the current zoning by-law as amended by By-law 2006-267.

 

2.         That the proposed zoning of the lands know municipally as 6100 and 6116 Gough Road be modified to reflect the true intent of By-law No. 2006-242 with regards to permitted uses.

 

3.         That the proposed zoning of the lands know municipally as 1201 Thomas Dolan Parkway be changed from DR1 to RU to reflect the fact that the subject lands are not located within the Dunrobin Village Boundary.

 

4.         That the proposed zoning of the lands know municipally as 5420 Richmond Road and the lands know legally as CON 5RF LOT 23 TO 24 PT PCL;1 be changed from DR1 to RU to reflect the fact that the subject lands are not located within the Fallowfield Village Boundary.

 

5.         That the proposed zoning of the lands know legally as part of the west half of Lot 38, Concession 7 being Part 1 on Registered Plan 5R-2553 be changed from AG to DR1 to recognize the fact the subject lands are located within the Village Boundary of Vernon.

 

6.         That the proposed zoning of the lands on part of Lot 22, Concession 2 (former City of Cumberland) at 5342 Saumure Road be changed for the north portion of the property from AG3 to RU so that the whole of the property is in the RU zone.

 

7.         That Section 69 – Setbacks from Waterways contained in the May 2006 version of the draft Comprehensive Zoning By-law be re-inserted as modified below:

 

(1)        Despite provisions of the underlying zone, the following minimum setbacks must be provided to provide a margin of safety from hazards associated with flooding and unstable slopes and to help protect the environmental quality of watercourses.

 

(2)        Except for flood or erosion control works, or a public bridge or a marine facility, no building or structure, including any part of a sewage system, which does not require plan of subdivision or site plan control approval, shall be located closer than 30 m to the normal highwater mark of any watercourse, or 15 m to the top of the bank of any watercourse, whichever is greater.

 

NOTE: Development requiring plan of subdivision, rezoning or site plan control will be subject to the watercourse setbacks as identified in Policy 4.7.3 of the City of Ottawa Official Plan.

 

8.         That Section 69 be moved to Part 2, General Provisions and that the following modifications be made:

§                     add the words “the Rockliffe Air Base. Airport zoning regulations” after the words “of Carp Airport and” in subsection (1)

§                     add a new subsection 2 as follows: “(2) Development in the vicinity of the Macdonald-Caritier International Airport, the Carp Airport, and Rockliffe Air Base, shall take into consideration guidelines found in Transport Canada Document TP312E - Aerodrome Standards and Recommended Practices as amended.   With respect to development in the vicinity of the Carp Airport, runway 10-28 shall be protected as a "4C CAT 1"  Runway, and runway 4-22 shall be protected as a "1C NON-INSTR" Runway.”

§                     change subsection (2) to (3).

 

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

 

                                                                                                CARRIED

 

First Line Road (1)

 

In response to a question from Councillor Hunter, Mr. Moser indicated that from staff’s perspective, the inclusion in the categories would be on a site-specific basis and would relate to the 5994 and 5600 First Line Road only and wouldn’t be permitted across the board in that particular zone.

 

Moved by Councillor G. Brooks:

 

That the Draft Comprehensive Zoning By-law be amended with respect to the zoning of Property Lot 3 Conc.1 at 5600/5994 First Line Road, Kars, ON (ward 21, City of Ottawa) as follows:

Section 2.D – Dealership:

·        to include the following in

§         category 1 – dirt bikes

§         category 4 – landscape

·        to add a category 7 – Power Products.

 

Further, that all categories include the following wording - sales, service, parts, rentals – as permissible uses; and

 

In addition, that an auxiliary storage building (5000 sq. feet) be considered as a permitted use.

 

                                                                                                CARRIED

 

First Line Road (2)

 

In response to Councillor Brooks motion request, Mr. Marc mentioned that this process is not meant to take into account changes in zoning that are more properly addressed through a re-zoning application, however the Committee has the jurisdiction to make the change sought by Councillor Brooks.

 

Councillor Hunter expressed concerns with the significant re-zoning without the benefit of public notice and could not support the motion to re-zone this property to be a commercial rural as well but would entertain a re-zoning application sometime in the future.

 


Moved by Councillor G. Brooks:

 

To rezone adjacent lot 5994 (2.38 acres) to CR so as to conform with the CR zone and permissible use of lot 5600.

 

                                                                                                LOST

 

YEAS (3):        Councillors G. Brooks, B. Monette, D. Thompson

NAYS (3):       Councillors E. El-Chantiry, G. Hunter, R. Jellett

 

The Committee then considered the departmental recommendations as amended.

 

That Agriculture and Rural Affairs Committee:

 

1.         (a)        Hold a public meeting on the City of Ottawa Draft Comprehensive Zoning By-law -Rural Area and Greenbelt in accordance with the Planning Act.

 

(b)        Direct staff to release the final version of the draft Comprehensive Zoning By-law after City Council disposition of the Agricultural and Rural Affairs Committee Recommendations 2 and 3, and that a final public meeting be held prior to the adoption of the Comprehensive Zoning By-law”.

 

2.         Recommend Council approve:

 

(a)        the Draft Comprehensive Zoning By-law, Volume 1 (text and schedules) and Volume 2 (zoning maps) – September 2007 as noted in Document 1;

 

(b)        the staff recommendations noted in the Staff Recommendation Column IV of Document 2 - Draft Comprehensive Zoning By-law - Rural Area and Greenbelt - Summary of Comments on the May 2006 version and Modifications; and

 

(c)        the Additional changes to the Draft Comprehensive Zoning By-law – Rural and Greenbelt Area as noted in Document 3 and Document 4.

 

3.         Upon Council approval of the new Comprehensive Zoning By-law, and in the event of appeals to the Ontario Municipal Board (OMB), the most restrictive provisions of either,

 

(a)        the existing zoning by-laws of the former municipalities, or

 

(b)        the new comprehensive zoning by-law,

 

will apply until such appeals are disposed of by the OMB.

 

4.         a.         That the requirement for a sight-obscuring buffer where adjacent to a rural zone be added to Column V of exception [294r] to reflect the provisions of the current zoning by-law as amended by By-law 2006-267.

 

b.         That the proposed zoning of the lands know municipally as 6100 and 6116 Gough Road be modified to reflect the true intent of By-law No. 2006-242 with regards to permitted uses.

 

c.         That the proposed zoning of the lands know municipally as 1201 Thomas Dolan Parkway be changed from DR1 to RU to reflect the fact that the subject lands are not located within the Dunrobin Village Boundary.

 

d.         That the proposed zoning of the lands know municipally as 5420 Richmond Road and the lands know legally as CON 5RF LOT 23 TO 24 PT PCL;1 be changed from DR1 to RU to reflect the fact that the subject lands are not located within the Fallowfield Village Boundary.

 

e.         That the proposed zoning of the lands know legally as part of the west half of Lot 38, Concession 7 being Part 1 on Registered Plan 5R-2553 be changed from AG to DR1 to recognize the fact the subject lands are located within the Village Boundary of Vernon.

 

f.          That the proposed zoning of the lands on part of Lot 22, Concession 2 (former City of Cumberland) at 5342 Saumure Road be changed for the north portion of the property from AG3 to RU so that the whole of the property is in the RU zone.

 

g.         That Section 69 – Setbacks from Waterways contained in the May 2006 version of the draft Comprehensive Zoning By-law be re-inserted as modified below:

 

                                            i.                        Despite provisions of the underlying zone, the following minimum setbacks must be provided to provide a margin of safety from hazards associated with flooding and unstable slopes and to help protect the environmental quality of watercourses.

                                          ii.                        Except for flood or erosion control works, or a public bridge or a marine facility, no building or structure, including any part of a sewage system, which does not require plan of subdivision or site plan control approval, shall be located closer than 30 m to the normal highwater mark of any watercourse, or 15 m to the top of the bank of any watercourse, whichever is greater.

 

NOTE: Development requiring plan of subdivision, rezoning or site plan control will be subject to the watercourse setbacks as identified in Policy 4.7.3 of the City of Ottawa Official Plan.

 

h.         That Section 69 be moved to Part 2, General Provisions and that the following modifications be made:

§                     add the words “the Rockliffe Air Base. Airport zoning regulations” after the words “of Carp Airport and” in subsection (1)

§                     add a new subsection 2 as follows: “(2) Development in the vicinity of the Macdonald-Caritier International Airport, the Carp Airport, and Rockliffe Air Base, shall take into consideration guidelines found in Transport Canada Document TP312E - Aerodrome Standards and Recommended Practices as amended.   With respect to development in the vicinity of the Carp Airport, runway 10-28 shall be protected as a "4C CAT 1"  Runway, and runway 4-22 shall be protected as a "1C NON-INSTR" Runway.”

§                     change subsection (2) to (3).

 

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

 

5.         Be it resolved that the zoning for 1599 River Road be amended to include an exception to permit the following additional uses:

·        animal care establishment

·        animal hospital

·        animal cemetery

 

6.         Whereas the property at 1751 8th Line Road is currently developed with a catering establishment; and

 

Whereas the catering establishment does not conform with the existing by-law; and

 

whereas the draft zoning by-law proposes an RR2-Rural Residential Zone for these lands, which does not recognize this land use; and

 

whereas the catering establishment has been part of the community since 1978;

 

Therefore be it resolved that the draft comprehensive zoning by-law be revised to apply a site-specific exception at 1751 8th Line Road to recognize the existing catering establishment; and

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

7.         Whereas the property at 6971 Bank Street is currently developed with a funeral home; and

 

Whereas the funeral home currently has a non-conforming status; and

 

whereas the draft zoning by-law proposes an RU-Rural Countryside Zone for these lands, which does not recognize this land use; and

 

whereas the funeral home is established within this community;

 

Therefore be it resolved that the draft comprehensive zoning by-law be revised to apply a site-specific exception at 6971 Bank Street to add the existing funeral home as an additional use; and

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

8.         Whereas the property known legally as Plan 50 PT LOT 1; RP 50R7063 PART 3 (north side of Leo Lane); RP 50R7063 PT Part 1; RP 50R6076 PT PART 1 and; RP 4R20477 Parts 2 7 8 and 9; on Leo Lane in the former Township of Cumberland is currently located within the Flood Plain Overlay; and

 

Whereas under the former City of Cumberland by-law the property is presently zoned R1 with a flood plain overlay which allows a single detached dwelling however the by law also states that ‘must provide technical evidence as is required to ensure against flooding or slope instability problems’; and

 

Whereas the proposed Flood Plain Overlay would generally prohibit future development; and

 

Whereas the owner of the subject property has a previous understanding with the City that the property can be developed;

 

Therefore be it resolved that the subject lands will be exempt from the provisions of Section 58 (1) & (2) pertaining to the Flood Plain Overlay; and

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

9.         That the Draft Comprehensive Zoning By-law be amended with respect to the zoning of Property Lot 3 Conc.1 at 5600/5994 First Line Road, Kars, ON (ward 21, City of Ottawa) as follows:

Section 2.D – Dealership:

·        to include the following in

§         category 1 – dirt bikes

§         category 4 – landscape

·        to add a category 7 – Power Products.

 

Further, that all categories include the following wording - sales, service, parts, rentals – as permissible uses; and

 

In addition, that an auxiliary storage building (5000 sq. feet) be considered as a permitted use.

 

                                                                                                           CARRIED, as amended