2. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS – SECOND QUARTER 2011 – 801 EAGLESON ROAD

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET MODIFICATIONS MINEURES – DEUXIÈME TRIMESTRE DE 2011 – ZONAGE DE 801, CHEMIN EAGLESON

Committee recommendation

(This matter is Subject to Bill 51)

That Council approve the amendment to Comprehensive Zoning By-law 2005-250 pertaining 801 Eagleson Road, as outlined in the attached report.

Recommandation DU Comité

(Cette question est assujettie au Règlement 51)

Que le Conseil approuve la modification au Règlement 2005-250 sur le zonage concernant 801, chemin Eagleson tel qu’indiqué dans le présent rapport.

Documentation

1. Committee Coordinator's report, City Clerk and Solicitor, dated 13 July 2011 (ACS2011-CMR-PLC-0015).

Report to/Rapport au :

Planning Committee

Comité de lèurbanisme

and Council

et le Conseil

13 July 2011 / le 13 juillet 2011

Contact Person/Personne ressource : Caitlin Salter MacDonald,

Committee Coordinator/ Coordinatrice du comité

City Clerk and Solicitor/Greffier et Chef du contentieux

(613) 580-2424 x28136, Caitlin.Salter-MacDonald@ottawa.ca

Kanata South (23)

Ref N°:ACS2011-CMR-PLC-0015

SUBJECT:	COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS – SECOND QUARTER 2011 – 801 EAGLESON ROAD
OBJET :	RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET MODIFICATIONS MINEURES – DEUXIÈME TRIMESTRE DE 2011 – ZONAGE DE 801, CHEMIN EAGLESON

REPORT RECOMMENDATION

That Planning Committee recommend Council approve the amendment to Comprehensive Zoning By-law 2005-250 pertaining 801 Eagleson Road, as outlined in the attached report.

RECOMMANDATION DU RAPPORT

Que le Conseil approuve la modification au Règlement 2005-250 sur le zonage concernant 801, chemin Eagleson tel qu’indiqué dans le présent rapport.

BACKGROUND

At its meeting of 28 June 2011, Planning Committee considered and approved a report from the Deputy City Manager of Infrastructure Services and Community Sustainability entitled Comprehensive Zoning By-Law 2008-250 - Anomalies and Minor Corrections – Second Quarter 2011 (ACS2011-ICS-PGM-0118.)

When Council considered this report at its meeting of 13 July 2011, it approved the following motion:

Moved by Councillor A. Hubley

Seconded by Councillor J. Harder

That Council approve the amendments recommended in Column III of Documents 1, 2 and 3 to correct anomalies in Zoning By-law 2008-250 with the exception of the rezoning respecting 801 Eagleson which shall be referred to the Planning Committee meeting of August 15^th, 2011.

BE IT FURTHER RESOLVED that pursuant to the Planning Act, subsection 34(17), no further notice be given.

Consequently, the amendment pertaining to 801 Eagleson Road, as reflected in the attached Document 1 and Document 2, are before Planning Committee for its consideration at the meeting of 15 August 2011.

DISCUSSION

The purpose of the amendment is to correct an error that occurred when the Comprehensive Zoning By-law was carrying forward the former Kanata site-specific exception applying to the lands. The former Kanata Zoning By-law did not distinguish between retail stores and retail food stores, whereas the new Comprehensive Zoning By-law does. The site-specific exception should have been rewritten to permit both retail and retail food stores of a specified size on-site.

This property was withdrawn from the larger Anomalies and Minor Corrections report to permit time for discussions between staff and the Ward Councillor with respect to the configuration of development proposed on the site. As correcting the anomaly does not impact the site design, no changes are proposed to the original recommendation to add reference to the size limits for both a retail store and a retail food store. Kanata residents and the Ward Councillor will have the opportunity for further input as part of the Site Plan Control approval process, currently underway.

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 correction. As well, interested parties have been notified by individual mail.

COMMENTS FROM THE WARD COUNCILLOR

Councillor Hubley is aware of the proposed Zoning By-law amendment.

LEGAL/RISK MANAGEMENT IMPLICATIONS

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

FINANCIAL IMPLICATIONS

There are no direct financial implications associated with this report.

SUPPORTING DOCUMENTATION

Document 1 Details of the Modification to Zoning By-law 2008-250 810 Eagleson Road

Document 2 Deputy City Manager’s report dated 3 June 2011 - Comprehensive Zoning By-Law 2008-250 - Anomalies and Minor Corrections – Second Quarter 2011 (ACS2011-ICS-PGM-0118.) Previously distributed, and held on file with the City Clerk.

DISPOSITION

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

MODIFICATIONS TO ZONING

BY-LAW 2008-250 FOR 801 EAGLESON ROAD

DOCUMENT 1

Item I	Objective of Amendment II	Proposed Amendment III
801 Eagleson Road Ward 23	This property is zoned Local Commercial – LC7[226]-h. Exception [226] permits a retail store to have a maximum gross floor area of 4,650 square metres. The definition of a retail store in the former Kanata Zoning By-law 168-94 included uses that would now fall under the definition of retail food store. Therefore the relevant provision in Exception [226] should be amended to include a retail food store.	Amend Section 239 of By-law 2008-250, Exception [226]. Under Column V – Provisions, delete the provision which states: “no single retail store may exceed 4,650 m^2 of gross floor area” Replace with: -no single retail store or retail food store may exceed 4,650 m^2in gross floor area.