8.            comprehensive zoning by-law 2008-250: anomalies and minor corrections – third quarter 2010, urban area (REVISED)

 

                  RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – troisiÈme TRIMESTRE 2010, SECTEUR URBAIN (RÉVISÉ)

 

 

Committee recommendationS

 

(This matter is Subject to Bill 51)

 

That Council approve the amendments recommended in Column 3 of Documents 1 and 2, to correct anomalies in Zoning By-law 2008-250, as amended by:

 

1.      adding the following item to Document 1, regarding the property located at 429-435 (odd numbers only) Haileybury Street, 681-695 (odd numbers only) Paul Metivier Drive, part of 125 Bren Maur Road:

 

Item

Objective of Amendment

Proposed Amendment

Zoning Map Corrections

 

Lands located at 429-435 (odd numbers only) Haileybury Street; 681-695 (odd numbers only) Paul Metivier Drive; part of 125 Bren Maur Road

 

 

 

Ward 22

By-law 2007-171 amended the former Nepean Zoning By-law 100-2000 to permit the development of a residential subdivision. The subdivision plan received draft approval and was registered after the zoning amendment was approved.  The zoning in the former Nepean Zoning By-law 100-2000 and By-law 2008-250 does not reflect the approved land uses as shown in the registered Plan of Subdivision.

Amend the Zoning Map, to rezone the subject lands, as shown in Document 4, from O1 to R3Z.

 

 

 

 

2.      Adding the attached zoning/location map to Document 4.

 

 

 

RECOMMANDATIONS MODIFIÉS DU COMITÉ

 

(Cette question est assujettie au Règlement 51)

 

Que le Conseil approuve les modifications recommandées dans la colonne 3 des documents 1 et 2 afin de corriger des anomalies dans le Règlement de zonage no 2008-250, telles que modifiées par .

 

 

1.      L’ajout de l’article suivant au Document 1, concernant les propriétés situées aux 429-435 (numéros impairs seulement), rue Haileybury, aux 681-695 (numéros impairs seulement), promenade Paul-Métivier, et une partie de la propriété située au 125, chemin Bren Maur:

 

Article

Objectif de la modification

Modification proposée

Corrections apportées à la carte de zonage

 

Les terrains situés aux 429-435 (numéros impairs seulement), rue Haileybury; aux 681-695 (numéros impairs seulement), promenade Paul-Métivier; une partie du terrain situé au 125, chemin Bren Maur

 

 

Quartier 22

Le Règlement 2007-171 modifiait le Règlement 100-2000 de l’ancienne Ville de Nepean pour permettre l’aménagement d’un lotissement résidentiel. L’ébauche du plan de lotissement a été approuvée et enregistrée une fois la modification de zonage approuvée. Le zonage indiqué au Règlement 100-2000 et au Règlement 2008-250 de l’ancienne Ville de Nepean ne reflète pas les occupations du sol approuvées qui sont présentées dans le Plan de lotissement enregistré.

Modifier la carte de zonage afin de rétablir le zonage des terrains concernés, comme stipulé dans le Document 4, de O1 à R3Z.

 

 

 

 

 

2.      L’ajout au Document 4 de la carte de zonage ci-jointe.

 

Qu’aucun autre avis ne soit donné conformément à l’Article 34 (17) de la Loi sur l’aménagement du

 

 

Documentation

 

1.       Deputy City Manager's report Infrastructure Services and Community Sustainability dated 30 August 2010 (ACS2010-ICS-PGM-0170).

 

2.       Extract of Draft Minutes of 14 September 2010.

 

3.       Location Map for 429-435 (odd numbers only) Haileybury Street, 681-695 (odd numbers only) Paul Metivier Drive, part of 125 Bren Maur Road


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

30 August 2010 / le 30 août 2010

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager, Directrice municipale adjointe, Infrastructure Services and Community Sustainability, Services d’infrastructure et Viabilité des collectivités 

 

Contact Person/Personne-ressource : Richard Kilstrom, Manager/Gestionnaire, Policy Development and Urban Design/Élaboration de la politique et conception urbaine, Planning and Growth Management/Urbanisme et Gestion de la croissance Élaboration de la politique et conception urbaine

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

 

City-wide

Ref N°: ACS2010-ICS-PGM-01700

 

 

SUBJECT:

comprehensive zoning by-law 2008-250: anomalies and minor corrections – third quarter 2010, urban area (REVISED)

 

 

OBJET :

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – troisiÈme TRIMESTRE 2010, SECTEUR URBAIN (RÉVISÉ)

 

 

REPORT RECOMMENDATION

 

That Planning and Environment Committee recommend that Council approve the amendments recommended in Column 3 of Documents 1 and 2, to correct anomalies in Zoning By-law 2008-250.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver les modifications recommandées dans la colonne 3 des documents 1 et 2 afin de corriger des anomalies dans le Règlement de zonage no 2008-250.

 

 

BACKGROUND

 

On June 25, 2008 City Council adopted the new Comprehensive Zoning By-law 2008-250 that affects all properties within Ottawa. By-law 2008-250 replaces the 36 Zoning By-laws of the former municipalities that were amalgamated in 2001.  Since the adoption of the Zoning By-law, staff has been identifying anomalies that require correction, and reports to correct the anomalies are being forwarded to Committee and Council on a regular basis.  

 

This report replaces the one that was before Planning and Environment Committee on August 24, 2010 (ACS2010-IS-PGM-0139) that Committee pulled from the agenda at staff’s request due to public notification errors (save and except for two items, 85 Range Road, and 2865 Riverside Drive).  The same report, ACS2010-IS-PGM-0139 was before Agricultural and Rural Affairs on August 26, 2010. 

 

DISCUSSION

 

Since the adoption of the Zoning By-law 2008-250, staff has monitored the new by-law and has identified certain anomalies that are being recommended for correction.  This report details recommended amendments to correct a number of identified anomalies in the urban area.  Document 1 provides staff recommendations to Planning and Environment Committee on the anomalies in the urban area.  Document 1 has been slightly modified to reflect the two properties that were dealt with at Planning and Environment Committee on August 24, 2010.  It includes the motion on 3211 Greenbank Road that Planning and Environment Committee would have otherwise dealt with had the report not been withdrawn and one additional anomaly that recommends an amendment to the definition of heavy industrial use.

 

Document 2 replaces Document 3 of the previous report ACS2010-IS-PGM-0139 and recommends zoning changes to correct general provisions that are applicable to both the urban and rural areas of the city.  Agricultural and Rural Affairs Committee provided its’ recommendations on the items of the Document 3 at its August 26 meeting.  On September 22, 2010, those recommendations will rise to Council at the same time as Planning and Environment Committee’s recommendations of both Documents 1 and 2 herein.

 

The amendments are intended to correct mapping and text reference errors in the implementation of Council-approved changes that are not accurately reflected in the Comprehensive Zoning By-law.

 

RURAL IMPLICATIONS

 

N/A

 

CONSULTATION

 

Notice of the public meeting to deal with these anomalies and corrections was provided in The Citizen and Le Droit, with a listing of the addresses and provisions subject to amendment. As well, interested parties have been notified by individual mail.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

N/A

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

These changes are of a routine nature to correct anomalies and do not have any legal/risk management implications.

 

CITY STRATEGIC PLAN

 

N/A

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

SUPPORTING DOCUMENTATION

 

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

Document 2    List of Anomalies and modifications to Zoning By-law 2008-250 for consideration by both Planning and Environment Committee and Agriculture and Rural Affairs Committee

Document 3    Location Maps

 

DISPOSITION

 

Planning and Growth Management Department to prepare the implementing by-law and forward it to Legal Services who will then forward the by-law to City Council.

 


LIST OF ANOMALIES AND MODIFICATIONS TO ZONING

BY-LAW 2008-250 FOR CONSIDERATION BY

PLANNING AND ENVIRONMENT  COMMITTEE                                      DOCUMENT 1

 

Item

Objective of Amendment

Proposed Amendment

Zoning Map Corrections

West of Greenbank Road to Grand Canal Street, north of Cambrian Road, and north and south of River Run Avenue

 

Ward 3

 

 

By-law 2008-209 amended the former Nepean Zoning By-law to a number of zones for a residential subdivision. By-law 2008-283 carried over this amendment into the new Comprehensive Zoning By-law, 2008-250. However, the subdivision plan received draft approval after the original zoning amendment and some minor modifications were made to the plan of subdivision that aren’t reflected in the zoning maps of both former Nepean Zoning By-law 100-2000 and By-law 2008-250.

 

Further, in By-law 2008-209, public parks were zoned the same  residential zone as the surrounding residential zones, whereas the approach used in the Comprehensive Zoning By-law, By-law 2008-250, was to zone public parks as an Open Space or Leisure zone, restricting the uses to parks and similar public uses.

 

In addition, the area of a potential school site has increased slightly through the plan of subdivison approval process and the zoning of the school site should reflect the plan of subdivision.

Amend the Zoning Map, to rezone the subject lands, as shown in Document 4, from:

 

R3YY[1627] to EP1 for Area A on Attachment 1

EP1 to R3YY[1627] for Area B on Attachement 1

R3YY[1627] to OS1 for Area A on Attachment 2

R3YY[1627] to I1/R3YY[1627] for Area  B on Attachment 2

 

 

Unaddressed parcels on Innovation Drive

 

 

Ward 4

 

Under Comprehensive Zoning By-law 2008-250, the L1 - Community Leisure Facility Zone was applied on a consistent basis to lands where community centres are located.  As such, these lands should have been zoned L1, consistent with the zoning of other City-owned lands that are the location of a community centre.  

Rezone the subject lands from IG6 H(44) to L1, and from IG6 [218] H(44) to L1, as shown in Document 4. 

605, 609 and 613 Hunt Club Place

 

Ward 16

 

 

By-law 2005-190 under former Ottawa Zoning By-law 98-93 changed the zoning on the lands from a residential zone, R1G H(9.0) to a Leisure zone, L3H [932], which was intended to match the zoning of the Hunt Club Golf Club, but allow residential development on the property. The by-law was appealed, but the appeal withdrawn at the Ontario Municipal Board. Zoning By-law 2008-250 through the exception reflected the specific provisions, but the zoning designation remained residential whereas it should have matched the new O1A designation of the Hunt Club Golf Club (reflecting the L3H designation under the former Ottawa Zoning By-law). Further, the lands at 613 Hunt Club are not owned by the Hunt Club Golf Club and should remain residential, and the provision requiring a large landscape buffer should continue to apply but only apply if the lands are used as a golf course, as was originally intended.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 4, from R1MM[445]H(9) to O1A[445].

 

Amend Section 239, Exception 445 as follows:

1. Add the O1A[445] zone designation in Column II.

2. Add the word “detached dwelling” in Column III.

3. Add the following clause in Column V:

(1) a detached dwelling is subject to the provisions of the R1MM zone

4. Renumber clause (1) to (2) and add the following words before the number 7.5 metre, “for a golf course use, a”

5. Renumber clause (2) to (3) and add the following words before the words “no outdoor”, “for a golf course use,”

 

975 Woodroffe Avenue

 

 

Ward 7

 

The exception provisions which applied to this property under the former Ottawa Zoning By-law were not carried forward in the new Zoning By-law. The property, which is zoned institutional, is occupied by a detached dwelling and residential uses were additionally permitted under the former institutional zoning.

Create and apply a new exception [xxxx], as shown in Document 4, Column II – Applicable Zone, to read, I1A [xxxx], Column III – Additional Land Uses Permitted, to read,

-          detached dwelling

-          semi-detached dwelling

-          linked detached dwelling

-          three-unit dwelling

-          stacked dwelling

-          converted dwelling

-          planned unit development

-          diplomatic mission

and Column V – Provisions, to read,

-          for the additional land uses permitted in Column III, the Zone Provisions for the R4 zone and the provisions for the R4A subzone shall apply.

1421, 1423 Woodroffe Avenue

 

Ward 8

 

 

The former Nepean Urban Zoning By-law 100-2000 permitted restaurant and restaurant, take-out in these locations.  These uses, which currently exist, were not carried forward in the new Zoning By-law.

Amend the zoning of the property located at 1421, 1423 Woodroffe Avenue, as shown in Document 4, from MC6 F(2.0) H(18.5) to MC6 [xxxx] F(2.0) H(18.5), Column III – Additional Land Uses Permitted to read,

-restaurant, full-service

-restaurant, take-out

Text Corrections

793 Richmond Road

 

Ward 15

 

 

Exception 164 of Zoning By-law 2008-250 applies to this site and the wording reflects site specific by-law amendment #2005-133 passed in 2005. This by-law was appealed to the Ontario Municipal Board and a decision was issued  (OMB Decision/Order No. 2567 issued Sept.  29, 2005) which amended this by-law.  The OMB decision was inadvertently not then reflected by modifying exception 164.

 

 

Amend Section 239, Exception [164] to:

 

1.  modify the first provision to add the words “for a mid-high rise apartment or mixed-use building , the” before the words “minimum rear yard setback is” and to change the number “5” to “1”

 

2.  add the following conditions, in Column V – Provisions;

- for all other uses, the minimum rear yard setback shall be 12 m

- for a mid-high rise apartment or mixed-use building, the minimum easterly side yard is 5 m

- for a mid-high rise apartment or mixed-use building, the minimum westerly side yard is 30 m

- one loading space is required

- the maximum height limit of a mid-high rise apartment or mixed-use building is 47 m

- the maximum height limit for all other uses is 8.2 metres

- minimum separation distance of 9.8 metres above grade, between buildings on the lot

Subsection 109 (7) and (12)

Landscaping requirements for front or corner side yards on residential lots

 

 

Reformat subsection (12), so that it is clear that the regulation applies only and specifically to the R1 through R5 Zones, in the same manner as subsection (11) which immediately precedes Subsection (12).

 

Further, amend subsections (7) and (12) to specifically exclude a walkway of a maximum width of 1.8 metres, from having to be soft landscaped.

 

Remove the bold on the whole of the text, while retaining bold on defined terms only

Amend Subsection 109 (12) to clarify that the clause applies only to the R1, R2, R3, R4, and R5 Zones.

 

Amend Subsection 109 (7) and (12) to add the following words, immediately after the reference to “Section 65”: “and a walkway with a  maximum width of 1.8 metres,”

 

60, 240, 270, 300 Landry Street and lands along Meilleur Private  

 

Ward 12

 

 

 

OMB Order #1254 was not completely implemented in exceptions [1114] and [1452].

Amend Section 239 – Urban Exceptions by deleting the text in Column V- Provisions of exception [1114] and replacing it with the following text,

 

General

-  The lands zoned R5D[1114] shall be considered as one lot for  the purposes of applying the provisions of the zoning by-law, notwithstanding the future division of the land

 

For apartment dwelling, low rise:

- minimum front yard setback along Landry Street is 3.6 metres;

- maximum permitted height:  13.5 metres;

- maximum permitted number of storeys above grade: 3;

- minimum yard setback fronting onto private streets or a parking lot is 2.5 metres;

- minimum interior side or rear yard setback of 5.5 metres is required for an apartment dwelling, low rise;

- a maximum of 60 dwelling units may be provided in an apartment dwelling, low rise;

-  the minimum distance between two apartment dwellings, low rise on the same lot is 11.5 metres;

-  the minimum distance between a parking lot and public street is 1.8 metres;

- the minimum parking requirement for apartment dwelling, low rise is 1.1 parking spaces per dwelling unit.

 

For multiple attached dwellings on a private street:

- minimum required rear yard setback of 6.0 metres;

- minimum required lot depth of 26 metres;

- minimum required interior side yard setback of 1.5 metres;

- minimum required corner side yard setback of 2.5 metres;

- minimum distance between a multiple attached dwelling and an apartment dwelling in the adjacent R5D[1452] zone is 20 metres.

 

Amend Section 239 – Urban Exceptions by deleting the text in Column V- Provisions of exception [1452] and replacing it with the following text,

 

The lands zoned R5D[1452] shall be considered as one lot for the purposes of applying the provisions of the zoning by-law, notwithstanding the future division of the land

 

For apartment dwelling, low rise, apartment dwelling , mid-high rise and retirement homes:

- minimum front yard setback along Landry Street is 6.0 metres;

- minimum yard setback abutting the Vanier Parkway is 9.5 metres;

- minimum yard setback abutting the westerly property line is 12.5 metres;

- minimum distance between an apartment dwelling or retirement home and a multiple attached dwelling in the adjacent R5D[1114] zone is 20 metres;

- minimum distance between apartment dwellings or between an apartment dwelling and a retirement home is 20 metres;

- minimum distance between apartment dwellings that are above 9 storeys in height is 40 metres;

- the maximum number of  dwelling units in an apartment dwelling permitted in the zone is 529 units with no single apartment dwelling containing more than 197 units;

- the maximum number of units in a retirement home is 203 provided that the total number of dwelling units in other buildings within the zone does not exceed 385 dwelling units;

- the maximum permitted height of building to be used as an apartment dwelling, mid- high rise or retirement home is 64 metres;

 - the maximum permitted number of storeys in a building to be used as an apartment dwelling, mid- high rise or retirement home is 20 storeys, however an additional storey used only as a mechanical penthouse set in from the perimeter of the building is also permitted;

- a building within 40 metres of the property line abutting Landry Street may not exceed a height of 28 metres;

- the minimum parking requirement for an apartment dwelling is 1 parking space per dwelling unit and for a retirement home is 1 parking space for every 6 units.

Properties at the northeast corner of Canyon Walk Drive and Earl Armstrong Road, including along Bowercrest Crescent, North Bluff Drive, Jersey Tea Circle and Eye Bright Crescent

 

Ward 22

 

 

Clarification is needed in exception [1317]  of zone R3VV regarding minimum setbacks from street lot lines.

Amend exception [1317] by deleting the following text,

- minimum yard setback is 5 m, except for a wall containing the main entrance to the apartment dwelling, where the minimum is 3 m

 

Replace the deleted text in exception [1317] with the following text,

-minimum yard setback from a street lot line for an apartment dwelling is 5 metres, except for a wall containing the principal access to an apartment dwelling, where the minimum setback is 3 metres

174 Glebe Avenue

 

Ward 17

 

 

 

 

A 2005 Ontario Municipal Board hearing (OMB Order No. 0058 dated January 12, 2005) dismissed an appeal against the Committee of Adjustment decision to increase the number of permitted residents from 47 to 58.    During the Zoning By-law project, the 47 resident limit was not reflected, rather an exception was created to permit up to 60 residents based on the outdated information about the permitted size of the use.

Amend Section 239, Urban Exceptions, Exception [1268], Column V, to replace the maximum number of residents in the retirement home, converted with the number 47.

50 Sussex Drive

 

Ward 13

 

 

Exception [352] incorrectly references Section 62 – Minimum Distance Separation.  The exception should have referred to Section 69 – Setback from Watercourses and Waterbodies.

Amend Column V of exception [352] by deleting the following text,

“Section 62(1)” and replacing it with “Section 69”.

5370 Canotek Road

 

Ward 11

 

This site was part of a business park, where all of the zones, with the exception of one, fell within the same zone Mp in the former Gloucester Zoning By-law 333 of 1999, and should have the same subzone as all of the other lands within the business park.  Column II of exception [293] needs to be revised to indicate that the zoning is within the IL2 subzone, and not the IL zone.  The zone code on the map has the IL2 subzone.

Amend Column II of Section 239, Urban Exception [293] to replace the IL zone reference to IL2, so that the correct zone code would be: “IL2 [293] H(14).”

Section 239 – Urban Exceptions, exception [783] and [922]

 

 

 

These exceptions are redundant and do not exist on the zoning maps.  The provisions in these exception were included in exceptions [1509] and [102] respectively, and applied to the correct properties on the zoning map. 

 

Amend Section 239 by deleting the text in Columns II, III and V of exceptions [783] and [922], and adding  the following text to Column V: “Reserved for future use”.

1357 Baseline Road

 

Ward 16

 

 

The wording of clause 20(d) of exception [1711] of the AM[1711]S248,249 zone does not accurately reflect the intention of the site-specific zoning by-law amendment.  Regarding Phase 1 of the developemnt, at least two of the buildings should be along “either Baseline Road or Clyde Avenue”, rather than “along Baseline Road and Clyde Avenue”.

Amend clause 20(d), Column V of exception [1711] in Section 239 – Urban Exceptions by deleting the words, “along Baseline Road and Clyde Avenue”, and replacing them with, “along either Baseline Road or Clyde Avenue”.

Lands  located between Didsbury Road and Terry Fox Drive

 

Ward 4

 

Clarification is needed regarding the requirements that must be satisfied prior to the lifting of the holding symbol for the IL7 [307]-h zone. 

Amend Section 239 by adding the following text to Column V of exception [307],

-the development of a retail store as described in Section 204(7)(d) is prohibited until the holding symbol is lifted.

- the holding symbol may only be lifted after the submission and approval of the following:

 

 

 

 

(i)

a traffic study that identifies the roadway/intersection modifications required to support the scale of development proposed,

 

 

 

(ii)

a market study that demonstrates that the planned function of the Kanata Regional Shopping Centre in the Kanata Town Centre will not be undermined, such study to be required until the Kanata Regional Shopping Centre achieves a gross floor area of 50,000 square metres,

 

 

 

(iii)

A complete site plan control application under Section 41 of the Planning Act; 1990, and

 

 

 

(iv)

any other information required by the City of Ottawa;

 

Amend Column II of exception [307] by adding the following zone,

IL7[307]

 

Amend Section 204 (7) by deleting subsection (g) and renaming subsections (h) and (i) accordingly. 

3684 Fallowfield Road

 

Ward 3

 

 

This property was zoned CA1 Blk1, Commercial Automotive Zone Block 1, under the former Nepean Urban Zoning By-law.  The provisions for this zone included a 10.6 metre setback for all yards, and a requirement for 6 metres of landscaped area, to reduce impacts associated with automobile-related uses.  In Zoning By-law 2008-250, the property was zoned GM15 [189] H(8), a General Mixed-Use subzone that permits a wide range of residential, commercial and institutional uses.  However, the setbacks from the former zone, intended specifically for automobile-related uses, were carried forward in exception [189], and applied to all uses permitted in this General Mixed-Use subzone.  These setbacks should only apply to the automobile-related uses that were subject to these setbacks in the former CA1 Blk1 zone.

Amend exception [189] in Section 239 – Urban Exceptions by inserting above the existing provisions in Column V the following text,

“For the uses automobile service station and gas bar the following provisions apply:”

3211 Greenbank Road

Exception R5AA [1727]

 

Ward 22

On January 13, 2010, City Council approved staff report ACS2010-ICS-PGM-0016. The report specified that for the first four storeys, all residential uses were required to have a parking ratio of 1 parking space per dwelling unit; a parking ratio of 0.75 spaces per dwelling unit was required for any additional storeys over 4 storeys.    Exception [1727] applies this parking ratio to only apartment dwellings, whereas this ratio should apply to all residential uses in the R5AA[1727] subzone.

 

Amend Column V of exception [1727] by deleting the text in that column and replacing it with,

“-parking for residential uses: 1 space per dwelling unit for the first four storeys; 0.75 spaces per dwelling unit for any additional storeys over 4 storeys”.

 

 

 


LIST OF ANOMALIES AND MODIFICATIONS TO ZONING

BY-LAW 2008-250 FOR CONSIDERATION BY BOTH PLANNING AND ENVIRONMENT COMMITTEE AND AGRICULTURAL AND RURAL

AFFAIRS COMMITTEE                                                                                     DOCUMENT 3

 

Item

Objective of Amendment

Proposed Amendment

Zoning Text Corrections

Section 138

Minimum interior side yard setback between vertically attached dwelling units

 

 

 

Although the definitions of certain dwelling types formally recognizes that attached dwelling units, including semi-detached, linked-detached, multiple attached, and stacked dwellings have common walls that obviously cannot meet any setback between such attached units, it is recommended that the regulation that eliminates the requirement for any interior side yard setback, as well as specific provisions for vertical common walls, that are required under the R2 to R5 Zones, be applied to all such dwellings in all zones where these uses are permitted.

 

Create under Part V – Residential Provisions, a new “Section 138 Regulations affecting vertically attached dwelling units”

 

1. Apply the following provisions under Section 138:

 

“(1) Minimum interior side yard setback is deemed to be 0 m between individual dwelling units that are permitted to be vertically attached.

 

(2) A linked-detached dwelling must be connected by a common foundation wall that is no greater than 1 metre above grade, and a minimum of 5 metres or more in depth.

 

(3) A duplex dwelling may additionally have vertical separated gross floor area of up to 15% of the upper unit.

 

(4) a semi-detached dwelling must have a vertical common wall that is 5 metres or more in depth and 2.5 metres or more in height.”

 

 

 

 

2.Delete the following clauses in the R2 through R5 Zone Provisions, as these are replicated and replaced by the new Part V, Section 138:

 

-Subsections 157 (8), (9), (10), (11), and renumber (12) accordingly;-

 

Subsections 159 (9), (10), (11), and renumber (13) accordingly;

 

Subsections 161 (11), (12), (13), (14), and renumber (15) accordingly; and

 

 

Subsections 163, (11), (12), (13), - (14) and renumber subsequent subsections accordingly

 

3.Wherever one or more of the following dwelling types is listed as a permitted use in a zone or subzone, add the phrase “See Part  V, Section 138” after each listing:

Duplex dwelling

Linked-detached dwelling

Multiple Attached dwelling

Semi-detached dwelling

Stacked dwelling

 

Section 54 – Definitions - Mineral extraction operation

 

 

 

The definition of “Mineral extraction operation” refers to, “ancillary uses related to the operation including an asphalt plant and a concrete batching plant.” 

 

In the Zoning By-law, an “ancillary use” means, “a listed, permitted land use…”.  An asphalt plant and a concrete batching plant are not included in the list of land use terms in Appendix A – List of Land Use Terms specifically mentioned or defined.   The term “ancillary” should be deleted from the definition of “Mineral extraction operation”. 

Amend the definition of “Mineral extraction operation” in Section 54 by replacing the words, “ancillary uses related to the operation”, with, “aggregate related uses”.

Section 54 – Definitions – Private way

 

 

 

The definition of “Private way” refers to, “a privately-owned driveway, aisle or parking lot within a planned unit development that leads to a public street.”  A privately-owned driveway may also provide access to a public street in other forms of development, such as for a shopping centre. 

 

Further, as the definition of “Driveway” in Section 54, “means a private way used for vehicular access…” it is necessary to broaden the meaning of  the term “Private way” to ensure that the application of the term “Driveway” is not limited to planned unit developments. 

 

Amend the definition of “Private way” in Section 54 by deleting the text,

means a privately-owned driveway, aisle or parking lot within a planned unit development that leads to a public street. (voie privée)” and replacing it with,

“means a privately-owned driveway, aisle or parking lot that leads to a public street, including a privately-owned driveway, aisle or parking lot within a planned unit development that leads to a public street. (voie privée)”

 

Section 55 –Accessory Uses, Buildings and Structures

Add a new subsection 55(7) to state that Subsection 138 (1) applies in the case of common interior side yard setbacks of attached dwelling units.

Amend Section 55, to create a new subsection 55(7) that states that subsection 138 (1), which deems a 0 m setback between two vertically-attached units, applies.

Section 56 – Adequate Municipal Services

 

 

 

Section 56 (1) inadvertently limits the application of Section 56 to the urban service area.  In addition, the title of Section 56 implies that this section applies only to areas of the city that are serviced by the municipality.  Section 56 is intended to provide requirements for servicing for both the urban and rural areas.

 

 

 

Amend the title of Section 56 by deleting the word, “Municipal”.

 

Amend the title of Section 56 by adding the following words to replace the word “Municipal”,

 

“Urban, Suburban and Rural”.

 

Amend Section 56 (1) by deleting the words “the public service area of”.

Section 65 – Permitted Projections into Required Yards

Add a new subsection 65 (e) to state that Section 138(1) applies in the case of common interior side yard setbacks of attached units.

Amend Section 65, to create a new subsection 65(e) that states that subsection 138 (1), which deems a 0 m setback between two vertically-attached units, applies.

Section 100 (3) (b)

Shared driveway width between lands zoned residential

 

 

 

This paragraph inadvertently omits the village and rural residential zones (i.e. V1, V2, V3, RR) by listing only the urban residential zones.  The term “residential zone” includes the village and rural residential ones, and this clause should be corrected accordingly.

Amend Section 100 (3) (b) to delete the references to “an R1, R2, R3, R4 or R5”, and replace them with “a residential zone”.

 

Section 100 (4) – Temporary placement of tents or similar structures

 

Some places of worship have been known to raise tents and similar structures for temporary uses in their parking lots, although this Subsection fails to include the use amongst those that are permitted to have such temporary structures.  It is reccommended that places of worship be included as one of the land uses that are permitted to contain temporary structures on-site.

Amend Subsection 100 (4)

by deleting the word”or” immediately before “shopping centre”, and by adding the phrase “or place of worship” immediately following the term “shopping centre,”, so that the clause would read:

“Despite subsection (1), a seasonal garden centre or a temporary special event accessory to retail store, retail food store, shopping centre, or place of worship may be located such that it temporarily prevents the use of a portion of the required or provided parking spaces, aisles or driveways, provided that:”

Section 107 (2)

 

Minimum Driveway Width for certain residential dwellings

 

 

 

The minimum parking space width is 2.6 metres (permission for a percentage of parking spaces within apartment buildings, low-mid rise and high-rise may be reduced to a minimum width of 2.4 metres).  The minimum driveway width is 3 metres for a number of uses, including ground-oriented residential uses. It would be appropriate to reduce the minimum driveway width for driveways, leading to a residential parking space, so that it is the same width as the minimum parking space width.

Amend Section 107(2) to require a minimum width of 2.6 metres for a driveway that provides access to a parking space for a detached, linked detached, semi-detached, duplex,  multiple attached and stacked dwellings, where each dwelling unit has a driveway accessing a garage or carport located on the same lot as that dwelling unit.

Section 133 (2)

 

Secondary Dwelling Units

 

 

 

The intent of this subsection is to permit secondary dwelling units only within principal dwelling units that are listed as permitted uses in the zone in which the second unit is proposed.  If a dwelling is not permitted, adding a secondary unit within it would exacerbate the non-conformity.  Similarly, subsection 133 (3) prohibits a secondary unit where the lot is undersized, or legal non-complying in respect of lot area or lot width.

 

Where a dwelling is not permitted in the specific zone, whether legal non-conforming or illegal, a secondary dwelling unit is not to be permitted.

Amend Subsection 133 (2) to delete the phrase “…that permits any one or more of these dwelling types” and replace with: “…where that dwelling type is a listed permitted use…”, so that the subsection would read:

 

“(2) A secondary dwelling unit is permitted in any detached, linked-detached, semi-detached or duplex dwelling, in any zone where that dwelling is listed as a permitted use provided:”

Section 54 -Definition of Heavy Industrial use

The warehousing of flammable, explosive or other hazardous materials should only be permitted as a principal use in locations where a heavy industrial use is permitted.  Currently, the storage of these materials is permitted where a warehouse or storage yard use is permitted. 

Amend Section 54 – Definitions by adding a semi-colon and the word “and” following the word “materials” under (b) and adding the following text to the definition of heavy industrial use,

“ (c) the storage of these products and materials.”

 


LIST OF SITE-SPECIFIC LOCATION MAPS                                                DOCUMENT 4

 

Location Maps (attached)

West of Greenbank Road to Grand Canal Street, north of Cambrian Road,  and north and south of River Run Avenue (Attachment 1 and 2)

Unaddressed parcels on Innovation Drive

605, 609 and 613 Hunt Club Place

975 Woodroffe Avenue

1421, 1423 Woodroffe Avenue

 

 

 

 

 



Innovation



woodroffe975

 


Woodroffe_1421_1423


 

             COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS – THIRD QUARTER 2010, URBAN AREA (REVISED)

             RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – TROISIÈME TRIMESTRE 2010, SECTEUR URBAIN (RÉVISÉ)

ACS2010-ICS- PGM-0170                                        CITY-WIDE / À L’ÉCHELLE DE LA VILLE               

 

(This matter is Subject to Bill 51)

 

The following correspondence was received with respect to this matter, which was circulated and is held on file with the City Clerk:

·         E-mail dated 13 September 2010 with respect to 174 Glebe Avenue

·         E-mail dated 12 September 2010 from Guy Giguère with respect to 174 Glebe Avenue

 

The Chair noted that there was an additional amendment that required waiver of the rules of procedure, as it was not distributed with the agenda.  He noted that the amendment had the support of the landowner, staff and the Ward Councillor, Councillor Desroches.

 

Moved by Councillor P. Feltmate:

 

That the Planning And Environment Committee approve the addition of this item for consideration by the Committee at today’s meeting, pursuant to section 84(3) of the Procedure By-law (being by-law no. 2006-462).

 

                                                                                                CARRIED

 

Moved by Councillor P. Feltmate:

 

That report number ACS2010-ICS-PGM-0170 be amended by:

 

3.                  Adding the following item to Document 1, regarding the property located at 429-435 (odd numbers only) Haileybury Street, 681-695 (odd numbers only) Paul Metivier Drive, part of 125 Bren Maur Road,


 

Item

Objective of Amendment

Proposed Amendment

Zoning Map Corrections

 

Lands located at 429-435 (odd numbers only) Haileybury Street; 681-695 (odd numbers only) Paul Metivier Drive; part of 125 Bren Maur Road

 

Ward 22

By-law 2007-171 amended the former Nepean Zoning By-law 100-2000 to permit the development of a residential subdivision. The subdivision plan received draft approval and was registered after the zoning amendment was approved.  The zoning in the former Nepean Zoning By-law 100-2000 and By-law 2008-250 does not reflect the approved land uses as shown in the registered Plan of Subdivision.

Amend the Zoning Map, to rezone the subject lands, as shown in Document 4, from O1 to R3Z.

 

 

 

 

4.                  Adding the attached zoning/location map to Document 4.

 

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

 

                                                                                                CARRIED

 

Committee then approved the report recommendations, as amended:

 

That Planning and Environment Committee recommend that Council approve the amendments recommended in Column 3 of Documents 1 and 2, to correct anomalies in Zoning By-law 2008-250, as amended by:

 

3.      adding the following item to Document 1, regarding the property located at 429-435 (odd numbers only) Haileybury Street, 681-695 (odd numbers only) Paul Metivier Drive, part of 125 Bren Maur Road,


 

Item

Objective of Amendment

Proposed Amendment

Zoning Map Corrections

 

Lands located at 429-435 (odd numbers only) Haileybury Street; 681-695 (odd numbers only) Paul Metivier Drive; part of 125 Bren Maur Road

 

 

 

Ward 22

By-law 2007-171 amended the former Nepean Zoning By-law 100-2000 to permit the development of a residential subdivision. The subdivision plan received draft approval and was registered after the zoning amendment was approved.  The zoning in the former Nepean Zoning By-law 100-2000 and By-law 2008-250 does not reflect the approved land uses as shown in the registered Plan of Subdivision.

Amend the Zoning Map, to rezone the subject lands, as shown in Document 4, from O1 to R3Z.

 

 

 

 

4.      Adding the attached zoning/location map to Document 4.

 

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

 

CARRIED, as amended