Report to/Rapport au :
Planning Committee
Comité de l’urbanisme
and / et au
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des questions rurales
and Council / et au Conseil
03 June 2011 / le 03 juin 2011
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
REPORT RECOMMENDATIONS
1.
That the
Planning Committee recommend that Council approve the amendments recommended in
Column III of Documents 1 and 3 to correct anomalies in Zoning By-law 2008-250.
2.
That the
Agricultural and Rural Affairs Committee recommend that Council approve the
amendments recommended in Column III of Documents 2 and 3 to correct anomalies
in Zoning By-law 2008-250.
RECOMMANDATIONS
DU RAPPORT
1.
Que le Comité de l’urbanisme
recommande au Conseil d’approuver les modifications recommandées dans la
colonne III des documents 1 et 3 afin de corriger les anomalies existant dans
le Règlement de zonage 2008-250.
2.
Que le Comité de l’agriculture et
des affaires rurales recommande au Conseil d’approuver les modifications
recommandées dans la colonne III des documents 2 et 3 pour corriger les
anomalies existant dans le Règlement de zonage 2008-250.
BACKGROUND
On June 25, 2008 City Council adopted the new comprehensive Zoning By-law 2008-250 affecting all properties within the city. The new Zoning By-law replaces the 36 zoning by-laws of the former municipalities. Staff have been monitoring the Zoning By-law and identifying anomalies since its adoption. Reports to correct these anomalies are being forwarded to Committee and Council for approval on a regular basis.
DISCUSSION
This report recommends amendments to correct a number of anomalies in the urban and rural areas of the city. Document 1 provides recommendations for the Planning Committee regarding anomalies in the urban area. Document 2 provides recommendations for the Agriculture and Rural Affairs Committee regarding anomalies in the rural area. Document 3 provides recommendations for the consideration of both Committees regarding anomalies affecting both the rural and urban areas. Zoning maps that are pertinent to site- or area-specific recommendations are included in Document 4.
The recommended amendments are intended to correct mapping errors, typographical errors and minor technical drafting errors in the Zoning By-law.
RURAL IMPLICATIONS
The rural implications are as outlined in Document 2.
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 BY THE WARD
COUNCILLOR(S)
N/A
LEGAL IMPLICATIONS
There are no legal implications associated with the recommendations in this report.
RISK MANAGEMENT IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
There are no direct financial implications associated with this report.
TECHNOLOGY IMPLICATIONS
N/A
CITY STRATEGIC PLAN
N/A
SUPPORTING DOCUMENTATION
Document 1 List of Anomalies and Modifications to Zoning By-law 2008-250 for consideration by the Planning Committee.
Document 2 List of Anomalies and Modifications to Zoning By-law 2008-250 for consideration by the Agriculture and Rural Affairs Committee.
Document 3 List of Anomalies and Modifications to Zoning By-law 2008-250 for the consideration of both the Planning and Agricultural and Rural Affairs Committees.
Document 4 Location Maps.
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.
LIST OF ANOMALIES AND MODIFICATIONS TO ZONING
BY-LAW 2008-250 FOR CONSIDERATION BY THE
PLANNING COMMITTEE DOCUMENT 1
|
Item I |
Objective of Amendment II |
Proposed Amendment III |
|
Zoning Map
Corrections |
||
|
Quinn
Road Ward
22 |
The
properties on Quinn Road are zoned IL2[275] H(14) – Light Industrial. Exception
[275] has the effect of adding a detached dwelling as a permitted use. A
transcription error occurred in drafting the By-law 2008-250 as no
development standards were applied for a detached dwelling in the
Exception. Previously
these properties were zoned MP(E25) – Business Park, in the former Gloucester
Zoning By-law. Exception (25) had the
effect of adding the development standards of the former Gloucester
Residential Estate Zone – Re1. Therefore
it is recommended that a new Exception be created to recognize these
development standards and provisions. |
Amend
the Zoning Map of By-law 2008-250.
Remove Exception [275] from the relevant properties on Quinn Road and
replace with [xxxx], as shown in Document 4. Amend Section
239 of By-law 2008-250, Exception [275].
Delete IL2[275] H (14) from Column II – Applicable Zones. Create
new Exception [xxxx] and add to Section 239 the following: Under Column II – Applicable zones, add: -IL2[xxxx] H(14) Under
Column III – Additional Land Uses Permitted, add: -detached
dwelling -Under
Column V – Provisions, add: -a
detached dwelling is permitted on any lot that existed prior to December 14,
1999. For a
detached dwelling: -minimum
front yard setback – 5 m -minimum
rear yard setback – 7.0 metres -minimum
interior side yard setback – 1.2 metres -maximum
building height – 11 metres |
|
1068,
1120, 1128 Cummings Avenue Ward
11 |
These
properties are incorrectly identified on the Zoning Map as being zoned
RIM-h. The correct zoning should be
R1M. |
Amend
the Zoning Map of By-law 2008-250. Rezone
1068, 1120 and 1128 Cummings Avenue from RIM-h to R1M, as shown in Document
4. |
|
120
Minto Place Ward
13 |
This
property is zoned Residential First Density – R1C[1260]. There
are site specific development standards applying to this property that were
not carried over into By-law 2008-250 in error. Therefore
it is recommended that a new Exception is created to recognize these
provisions. |
Amend
the Zoning Map of By-law 2008-250. Rezone
120 Minto Place from R1C[1260] to R1C[xxxx], as shown in Document 4. Amend
Section 239 of By-law 2008-250 to add Exception [xxxx]. Under
Column II – Applicable Zone, add: -R1C[xxxx] Under
Column IV – Land Uses Prohibited, add: - secondary dwelling unit Under
Column V – Provisions, add: -grade means the average elevation of the level
of the adjoining ground prior to the development of all the walls of a
building on the lot
-minimum rear yard setback is 8 metres -minimum lot area is 580 square metres -minimum lot width is 20 metres |
|
Multiple
properties on Powell Avenue, Holmwood Avenue and Ralph Street Ward
17 |
These
properties are zoned Residential Third Density - R3P[1474] and R3Q[1474]. Exception
[1474] has the effect of establishing a minimum front yard setback of 1.5
metres and a maximum front yard setback of 3 metres. It was applied to these properties in error
and it is recommended that the Exception be removed from these sections of
Powell Avenue, Holmwood Avenue and Ralph Street. |
Amend
the Zoning Map for By-law 2008-250 for parts of Powell Avenue, Holmwood
Avenue and Ralph Street. Rezone
Area A from R3P[1474] to R3P; Rezone
Area B from R3P[1474] to R3P; Rezone
Area C from R3Q[1474] to R3Q, as shown in Document 4. |
|
3640 Greenbank
Road Ward 3 |
The properties
shown in Document 4 are zoned R3Z[1804].
Exception [1804] requires a front and corner side yard setback of 5.5
metres. This
setback was established to accommodate concerns over soil conditions that
have since been found to be unwarranted.
Therefore it is recommended that Exception [1804] be removed from the
properties in question. |
Amend
the Zoning Map of B-law 2008-250 for 3640 Greenbank Road. Rezone
the properties shown on Document 4 from R3Z[1804] to R3Z. |
|
|
Text
Changes |
|
|
Properties
on Aspen Grove, Stonehedge Park, Cypress Court and Burnbrook Crescent Ward 7 |
These
properties are all zoned Residential First Density - R1FF[633]. Exception
[633] states that there is a minimum lot frontage of 15 metres. This provision was carried over from the
former Nepean Zoning By-law. As
By-law 2008-250 does not use the term ‘frontage’ to denote lot width and as the definition of
frontage in the former Nepean Zoning By-law is analogous to the current term,
‘lot width,’ it is recommended that Exception [633] be amended accordingly. |
Amend
Section 239, Exception [633], of By-law 2008-250. Delete
the provision “minimum lot frontage 15 m” from Column V – Provisions. Replace
with: -minimum
lot width of 15 metres. |
|
955
Dairy Drive Ward 1 |
This
property is zoned Light Industrial – IL[295] H(21) -h. Column
II – Applicable Zone, of Exception [295], refers to IL[295]-h. There
is no property with this zoning on the Zoning Map. Therefore it is recommended that Column II
be amended to reflect the correct zoning. |
Amend Section
239 of By-law 2008-250, Exception [295]. Remove
IL[295] -h from Column II – Applicable Zone. Replace
with: -IL[295]
H(21) -h |
|
401
March Road Ward 4 |
This
property is zoned General Industrial – IG6 [295]. Column
II – Applicable Zone, of Exception [295], refers to zone IG6[295] H(22). The
IG6 subzone has a height limit of 22 metres. As the
reference to H(22) is redundant, it is recommended that Column II be amended
accordingly. |
Amend
Section 239 of By-law 2008-250, Exception [295]. Remove
IG6[295] H(22) from Column II – Additional Zone. Replace
with: -IG6[295]. |
|
501-511,
517-521 Rideau Street and properties on Turgeon Private, Thorburn Private and
Prudhomme Private Ward
12 |
These
properties are all zoned Traditional Mainstreet – TM6[84] F(3.5) H(19) S 109. A
transcription error occurred when Exception [84] was drafted. In order to properly reflect the site
specific zoning amendment that applies to these properties, the Exception
should specify that a minimum of 250 square metres of Gross Floor Area for
commercial uses is required in the zone. |
Amend
Section 239 of By-law 2008-250, Exception [84]. Under Part V – Provisions, delete the first
line which reads: “minimum
commercial gross floor area as shown in the hatched area on Schedule 109.” Replace with: - minimum commercial gross floor area of 250 square metres
must be provided within the hatched area on Schedule 109. |
|
4285,
4289, 4293, 4297, 4301 and 4305 Innes Road Ward
19 |
These
property are zoned General Mixed Use – GM21[1426] F(0.5) H(9). There
was an error when Exception [1426] was drafted in By-law 2008-250 that needs
to be amended accordingly in order to reflect the previous dual zoning on the
site in the former Cumberland Zoning By-law. |
Amend
Section 239 of By-law 2008-250, Exception [1426]. Under Column
III - Additional Permitted Uses, add: -detached
dwelling Delete
the provision in Column V – Provisions, and replace with: -minimum
lot area for the uses listed in Subsection 188(21)(b) is 4,100 square metres. |
|
Section
187 General
Mixed Use Zone Urban
Area |
Subsection
187(2)(b) lists both a residential care facility and shelter as permitted
residential uses in the General Mixed Use Zone. As
both of these uses are considered to be non-residential uses in By-law
2008-250, it is recommended that they be deleted from Subsection 187(2)(b)
and added to Subsection 187(1)(a) instead. |
Amend
Subsection 187(2)(b) of By-law 2008-250 to delete the uses residential care
facility and shelter. Amend
Subsection 187(1)(a) of By-law 2008-250 by adding to the list of permitted non-residential
uses in alphabetical order: -residential
care facility -shelter |
|
Section
185 Arterial
Mainstreet Zone Urban
Area |
Subsection
185(2) lists a residential care facility as a permitted residential use in
the Arterial Mainstreet Zone. As a
residential care facility is considered to be a non-residential use, it is
recommended that it be deleted from Subsection 185(2) and added to Subsection
185(1)(b) instead. |
Amend
Subsection 185(2) of By-law 2008-250 to delete the residential care facility
use. Amend
Subsection 185(1)(b) of By-law 2008-250 by adding to the list of permitted
non-residential uses in alphabetical order: -residential
care facility |
|
Section
197 Traditional
Mainstreet Zone Urban
Area |
Subsection
197(2)(a) lists a residential care facility as a permitted residential use in
the Traditional Mainstreet Zone. As a
residential care facility is considered to be a non-residential use, it is
recommended that it be deleted from Subsection 197(2)(a) and added to
Subsection 197(1)(e) instead. |
Amend
Subsection 197(2)(a) of By-law 2008-250 to delete the residential care
facility use. Amend
Subsection 197(1)(e) of By-law 2008-250 by adding to the list of permitted non-residential
uses in alphabetical order: -residential
care facility |
|
Section
164 Urban
Area |
Subsection
164(2)(31) incorrectly references subsection 163(16). Subsection
163(16) does not exist. The correct
reference is subsection 164(2)(12). |
Amend
subsection 164(2)(31) of By-law 2008-250. Delete
the reference to subsection 163(16). Replace
with Endnote 12. |
|
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 m2 of gross floor area” Replace
with: -no
single retail store or retail food store may exceed 4,650 m2 in
gross floor area. |
LIST OF ANOMALIES AND MODIFICATIONS
TO ZONING
BY-LAW 2008-250 FOR CONSIDERATION BY THE AGRICULTURAL AND RURAL AFFAIRS COMMITTEE
DOCUMENT 2
|
Item I |
Objective of Amendment II |
Proposed Amendment III |
|
Text Changes |
||
|
4001
Dunning Road 2035
Trim Road 5300
Innes Road 2481
Scrivens Drive 7203
Parkway Road 2145
Roger Stevens Drive Part
of 4244 Rideau Valley Drive 2135
Huntley Road 2847
March Road 4127
John Shaw Road 1444
Kinburn Side Road 5751
Carp Road Wards
19, 20, 21 and 5 |
Exception
[444r] applies to multiple properties currently being used as municipal works
yards. The
Exception permits a storage yard. A transcription
error was made when the Exception was created as it makes no provision for
the salt storage ‘domes’ that currently exist on most of these sites. Therefore
the Exception should be amended to include a ‘warehouse’ use to correctly
represent the existing uses on these sites. |
Amend
By-law 2008-250, Section 240, Exception [444r]. Under
Column II – Additional Permitted Uses, add: -warehouse Under
Column V – Provisions, add: -a
warehouse is limited to indoor storage related to municipal road maintenance
only. |
|
Section
240 – Rural Exceptions |
Exception
[654r] requires a setback from any lot that contains the TransCanada
pipeline. As the
wording of the Exception is unclear, it is recommended that it be reworded as
in Column III. |
Amend
Exception [654r] of Section 240 of By-law 2008-250. Delete
the text in Column V – Provisions and replace with: Despite
any provision to the contrary, where a lot line abuts the TransCanada
Pipeline, the following setbacks apply for all principal buildings and
structures from that lot line: -if a
rear lot line, rear yard setback is 7 metres -if an
interior side lot line, side yard setback is 3 metres. |
LIST OF ANOMALIES AND MODIFICATIONS
TO ZONING
BY-LAW 2008-250 FOR CONSIDERATION BY BOTH THE
PLANNING AND AGRICULTURAL AND RURAL AFFAIRS COMMITTEE
DOCUMENT 3
|
Item I |
Objective of Amendment II |
Proposed Amendment III |
|
|
Text Changes |
|
|
Section
3 Non-Conformity
and Non-Compliance |
Subsection
3(3)(b) incorrectly references “non-complying footprint.” The correct term should be “non-complying
building envelope.” Therefore
it is recommended that the subsection be amended accordingly. |
Amend
Subsection 3(3)(b) of By-law 2008-250.
Delete the term “non-complying footprint” in line 2 and replace with
the term “non-complying
building envelope.” |
LIST OF SITE-SPECIFIC
LOCATION MAPS
DOCUMENT 4
|
Location Maps (attached) |
|
Quinn Road |
|
1068, 1120, 1128 Cummings Avenue |
|
120 Minto Place |
|
Multiple Properties on Powell Avenue, Holmwood Avenue and Ralph Street |
|
3640 Greenbank Road |
