2. ZONING - 314, 316, AND 318 ABBEYDALE CIRCLE

ZONAGE - 314, 316, ET 318, CERCLE ABBEYDALE

Committee recommendationS

(This matter is subject to Bill 51)

That Council approve:

1. An amendment to the Zoning By-law 2008-250 to change the zoning of 316 and 318 Abbeydale Circle from Residential Third Density Zone Subzone X, Special Exception 1016 (R3X[1016]) to Residential First Density Zone, Subzone V, Special Exception 738 (R1V[738]), to permit single detached dwellings as shown in Document 1; and

2. An amendment to the Zoning By-law 2008-250 to change the zoning of 314 Abbeydale Circle from Residential Third Density Zone Subzone X, Special Exception 1016 (R3X[1016]) to Residential First Density Zone Subzone V, Special Exception xxxx (R1V[xxxx]), to permit single detached dwellings and to change the corner side yard setback from 3.0 metres to 2.6 metres as shown in Document 1 and detailed in Document 2.

RecommandationS DU Comité

(Cette question est assujettie au Règlement 51)

Que le Conseil approuve :

1. Une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 316 et 318, cercle Abbaeydale de Zone résidentielle de densité 3, sous-zone X, exception spéciale 1016 (R3X[1016]) à Zone résidentielle de densité 1, sous-zone V, exception spéciale 738 (R1V[738]) en vue de permettre l’aménagement de maisons unifamiliales, comme il est indiqué dans le Document 1;

2. Une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 314, cercle Abbeydale de Zone résidentielle de densité 3, sous-zone X, exception spéciale 1016 (R3X[1016]) à Zone résidentielle de densité 1, sous-zone V, exception spéciale xxxx (R1V[xxxx]) en vue de permettre l’aménagement de maisons unifamiliales et de changer la marge de recul de la cour latérale d’angle de 3,0 mètres à 2,6 mètres, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 4 January 2010 (ACS2010-ICS-PGM-0014).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

04 January 2010 / le 04 janvier 2010

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

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability/

Services d’infrastructure et Viabilité des collectivités

Contact Person/Personne-ressource : Michael Wildman, Manager/Gestionnaire, Development Review-Suburban Services/Examen des projets d'aménagement-Services suburbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 27811 Mike.Wildman@ottawa.ca

Kanata North (4)

Ref N°: ACS2010-ICS-PGM-0014

SUBJECT:	ZONING - 314, 316, and 318 Abbeydale circle (FILE NO. D02-02-09-0092)

OBJET :	ZONAGE - 314, 316, et 318, cercle Abbeydale

REPORT RECOMMENDATIONS

That the Planning and Environment Committee recommend Council approve:

RECOMMANDATIONS DU RAPPORT

Que le Comité de recommande au Conseil d’approuver :

BACKGROUND

The subject lands are located at 314, 316 and 318 Abbeydale Circle in the Morgan's Grant Community. Specifically, they are situated at the northwest corner of Abbeydale Circle and Forestbrook Street.

This application for rezoning has been submitted to correct a mapping error that occurred through the original rezoning of these lands in October 2008. The original amendment proposed to remove the lands from By-law 552 of the former Township of March and to include them within an urban zone allowing single-detached dwelling units. By-law 552 did not have any land uses and was repealed with the approval of the City of Ottawa Zoning By-law in 2008.

The rezoning passed without appeal and By-law 2008-389 came into full force and effect on October 8, 2008.

Unfortunately, because of the mapping error in the zone schedule, three of the lots were inadvertently rezoned to a residential zone that permits mid-density residential uses and prohibits single detached dwellings. The registered plan of subdivision for these lands clearly shows that they are intended to be developed as single detached dwellings.

One of the lots, 314 Abbeydale Circle, was recently the subject of a minor variance application where the land use was changed from a multiple-attached to a single detached dwelling. The exterior side yard setback was also varied from 3.0 metres to 2.6 metres. These variances were granted. This third lot is included in the application to maintain consistency in the zoning category for the subject lands.

Existing Zoning

The site is zoned Residential Third Density, Subzone X, Special Exception 1016 (R3X [1016]). This zone allows for a mix of residential uses ranging from duplexes to multiple-attached dwellings and Planned Urban Development. The special exception attached to this zone specifically prohibits detached dwellings as a permitted land use.

Proposed Zoning

The applicant is proposing to amend Zoning By-law 2008-250 to allow single detached dwellings as a permitted use. In addition, the exterior side yard setback will be reduced from 3.0 metres to 2.6 metres to reflect the minor variance granted to 314 Abbeydale Circle.

DISCUSSION

Official Plan

The subject site is designated as "General Urban" in the Official Plan and as such is subject to the policies within Section 3.6.1. The intent of this designation is to accommodate a variety of land uses that are appropriate for an urban location including a range of residential uses.

Zoning By-law

The applicant is proposing to rezone 316 and 318 Abbeydale Circle to Residential First Density Zone Subzone V, Special Exception 1016 to be consistent with the zoning on the adjacent single detached dwelling lots. This zone allows "detached dwelling" as a permitted use.

A new special exception to the Residential First Density Zone Subzone V will be created for 314 Abbeydale Circle. This exception will reflect the existing site layout and the corner side yard setback that was established through the variance granted by the Committee of Adjustment on October 27, 2009. In particular, the exception will reduce this setback from 3.0 metres to 2.6 metres.

The subject application has been evaluated with regard to the policies of the Official Plan, and it is consistent with the applicable policies.

The proposed Zoning By-law amendment also meets the intent of the Zoning By-law on the basis that the residential use for the subject site is consistent with the permitted residential land uses on the surrounding properties.

The Department therefore has no objection to the requested amendment because the use is appropriate and was the initially intended use for the subject lands.

RURAL IMPLICATIONS

N/A

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The City did not receive any negative comments or opposition to this application.

COMMENTS BY THE WARD COUNCILLOR(S)

The Ward Councillor is aware of this application and the staff recommendation.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal/risk management implications associated with this report.

CITY STRATEGIC PLAN

This proposal meets objective F2 of the City’s Strategic Plan. The approval of the single detached dwellings as a land use in this location respects the existing urban fabric and neighbourhood form.

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

DISPOSITION

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.

Planning and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.

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

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

1. The lands known municipally as 316 and part of 318 Abbeydale Circle will be rezoned from R3X[1016] to R1V[738].

2. Exception 738 of Urban Exception – Schedule 239 is amended by deleting the word “exterior” in the phrase “exterior side yard” and replacing it with the word “corner”.

3. The lands known municipally as 314 Abbeydale Circle will be rezoned from R3X[1016] to R1V[xxxx], and these lands will be subject to the following new Urban exception:

[xxxx] - minimum lot width 11 m

- minimum front yard setback 4 m

- minimum corner side yard setback 2.6 m

- despite the yard encroachments permitted under Section 65, the maximum front yard and corner side yard projection for a porch is 1.5 m

- minimum rear yard setback:

(i) main building 0.6 m

(ii) other accessory buildings 1 m, unless constructed as an integral part of a fence erected on the lot line

- minimum interior side yard setback:

(i) main building 0.6 m

(ii) other accessory buildings 1 m, unless constructed as an integral part of a fence erected on the lot line

- despite the yard encroachments permitted under Section 65, the minimum interior side yard width must be free of encroachment and unobstructed from ground to sky, same and except for a 0.3 m maximum permitted eaves projection and a 0.1 m pilaster projection