1.             COMPREHENSIVE ZONING BY-LAW 2008-250:
ANOMALIES AND MINOR CORRECTIONS - FIRST QUARTER 2010

 

rÈGLEMENT DE ZONAGE général 2008-250 :
ANOMALIES ET CORRECTIONS MINEURES - premiEr trimestre 201
0

 

 

 

pLANNING AND eNVIRONMENT Committee RecommendationS as amended

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

 

1.      That Document 1, Item 18, Column 3 be amended to read: “maximum driveway width is 3.05 m at the street lot line, and in the case of a semi-circular driveway, the maximum driveway width, for both accesses combined, must not exceed 6.1 metres.”

 

2.      That Document 1 be amended to add a new Item 20, as follows:

 

Item

Objective of Amendment

Proposed Amendment

20. Certain lands located on Friendly Crescent, Shining Star Circle, Brightside Drive, Hopetown Steet and Hartsmere Drive

 

Ward  6

 

 

In the former Goulbourn Zoning By-law, the lands were zoned R1-6, exception 6 reducing the lot width and area and establishing different setbacks from the R1 zone. The new R1T zone most closely approximated the lot width of the former exception zone, and a new exception zone, exception 721, was created to reflect the other modified performance standards. Unfortunately, when the new zone was affixed to the zoning map, it became R1D and the old exception zone number 6 was retained, rather than applying the “T” subzone and the new exception number 721.

 

Reference to the RID zone in exception 6 should be removed. Additionally, there was no maximum front yard setback in the former Goulbourn zoning, so this provision should be deleted.

Amend the Zoning Map to rezone the R1D[6]zone to R1T[721] as shown on the attached map.

 

Amend Section 239, Column II to remove the zone reference R1D[6] in exception 6.

 

Amend Section 239, Column IV to remove the words “-maximum front yard setback 6 m” in exception 721.

 

3.      That a map be added to Document 3, that identifies the lands that are being re-zoned in Item 20 of Document 1.

 

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

 

 

RecommandationS modifiées du Comité de l’urbanisme et de l’environnement

 

Que le Conseil approuve les modifications recommandées dans la colonne 3 du document 1 afin de corriger des anomalies dans le Règlement de zonage no 2008-250 tel que modifiée par ce qui suit :

 

1.   Que la troisième colonne du point 18 du document 1 soit modifiée ainsi : « la largeur maximale d’une entrée privée est de 3,05 m à la ligne de lot contiguë à la rue et, dans le cas d’une entrée privée semi-circulaire, la largeur maximale des deux accès combinés ne doit pas excéder 6,1 mètres. »

 

2.   Que le document 1 soit modifié par l’ajout du nouveau point 20 suivant :

 

Point

Objectif de la modification

Modification proposée

20. Certains terrains situés le long du croissant Friendly, du cercle Shining Star, de la promenade Brightside, de la rue Hopetown et de la promenade Hartsmere

 

Quartier 6

 

 

Dans l’ancien Règlement de zonage de Goulbourn, les terrains se sont vus attribuer un zonage R1-6, exception 6, qui réduit leur largeur et leur superficie, et qui établit des retraits différents par rapport à la zone R1. La nouvelle zone R1T est celle qui s’approche le plus de la largeur de terrain de l’ancienne zone assortie d’exceptions, et une nouvelle zone d’exception, exception 721, a été créée pour tenir compte des autres normes de rendement modifiées. Malheureusement, lorsque la nouvelle zone a été ajoutée au plan de zonage, elle a été transformée en zone R1D et l’ancien numéro de zone d’exception 6 a été conservé, au lieu d’appliquer la sous-zone « T » et le nouveau numéro d’exception 721.

 

La référence à la zone RID dans l’exception 6 doit être supprimée. De plus, puisqu’aucun retrait de cour avant maximal n’était prévu dans l’ancien zonage de Goulbourn, cette disposition doit donc être supprimée.

Modification du plan de zonage de manière à faire passer la zone R1D[6] en zone R1T[721], tel qu’illustré sur le plan ci-joint.

 

Modification de la section 239, colonne II, de manière à supprimer la référence de zone R1D[6] à l’exception 6.

 

Modification de la section 239, colonne IV, de manière à supprimer les mots « retrait de cour avant maximal de 6 m » à l’exception 721.

 

3.   Qu’une carte désignant les terrains faisant l’objet d’un changement de zonage au point 20 du document 1 soit ajoutée au document 3.

 

4.   Qu’aucun autre avis ne soit émis, conformément à l’article 34 (17) de la Loi sur l’aménagement du territoire.

 

 

 

Agriculture and Rural Affairs Committee Recommendation

That Council approve the amendments recommended in Column 3 of Document 2, to correct anomalies in Zoning By-law 2008-250.

 

Recommandation du Comité de l’agriculture et des affaires rurales

 

Que le Conseil approuve les modifications recommandées dans la colonne 3 du document 2 afin de corriger des anomalies dans le Règlement de zonage no 2008-250.

 

 

 

 

 

Documentation

 

1.         Deputy City Manager’s report (Infrastructure Services and Community Sustainability) dated 8 March 2010 (ACS2010-ICS-PGM-0066).

 

2.         Extract of Draft Minutes, Planning and Environment Committee, 23 March 2010.

 

3.         Extract of Draft Minutes, Agriculture and Rural Affairs Committee, 25 March 2010.

 



Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and / et

 

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des affaires rurales

 

and Council / et au Conseil

 

08 March 2010 / le 08 mars 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/à l'échelle de la Ville

Ref N°: ACS2010-ICS-PGM-0066

 

 

SUBJECT:

COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - FIRST QUARTER 2010

 

 

OBJET :

RÈGLEMENT DE ZONAGE général 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – premièr trimestre 2010

 

 

REPORT RECOMMENDATIONS

 

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

 

2.   That Agriculture and Rural Affairs Committee recommend that Council approve the amendments recommended in Column 3 of Document 2, to correct anomalies in Zoning By-law 2008-250.

 

RECOMMANDATIONS DU RAPPORT

 

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

 

2.   Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications recommandées dans la colonne 3 du document 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 details recommended amendments to correct a number of the identified anomalies in the urban area of the City.

 

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. Document 1 provides staff recommendations to Planning and Environment Committee on the anomalies, and includes details of the recommended amendments in the urban area in Column 3 of Document 1.  Document 2 provides staff recommendations to Agriculture and Rural Affairs Committee on the anomalies in the rural area.  Document 3 contains the maps showing the location of zoning map corrections.

 

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

 

RURAL IMPLICATIONS

 

As noted above, Document 2 includes recommendations to correct anomalies in the rural area.

 

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/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

 

N/A

 

 

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 Agricultural 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.

 


DOCUMENT 1 as amended

 

LIST OF ANOMALIES AND MODIFICATIONS TO ZONING

BY-LAW 2008-250 FOR CONSIDERATION BY PLANNING AND

ENVIRONMENT COMMITTEE                                                                                                 

 

Item

Objective of Amendment

Proposed Amendment

Typograhical Corrections

1.  Subection 109 (4)

Subsection 109 (3) immediately above Subsection 109 (4) indicates that the regulation affects parking requirements for lots in R1 through R5 Zones which is correct. 

 

Subsection (4) is also intended to apply only to R1 through R5 Zoned lots but the drafting fails to identify the applicability of the rule and should be drafted as per Subsection (3).

Amend Subsection 109(4) so that its applicability only to lots in the R1 to R5 Zones is captured

 

2.  Section 239, Exception [1463]

 

6371 Hazeldean Rd.

 

Ward  6

 

 

The minimum required interior side yard setback is unclear due to the drafting of the second condition; when the numbering of the condition is removed (2.), the requirement is 0 m on the common side, which is the standard correct “non-requirement” when two units are attached on one common side

Amend Section 239, Exception [1463] to replace the numbered conditions affecting the requirement for the minimum interior side yard, so that the correct conditions are easily understood to mean 1.5 m on either side of the main building and 0 m on the common side

3.  Section 239, Column II and V, Exceptions [9], [134, [242], [964] and [1046]

 

 

 

 

Column II in the Exceptions sections references the zones to which the exception applies. There are a number of incorrect references in this column that should be removed, added or modified.

Amend Section 239, Column II to:

-          removed zone references I1A[9] H(9) zone in exception 9

-          modify zone reference by changing the Schedule reference to S89 rather than S94 in exception 242

-          add reference to R3XX[1046] in exception 1046

 

Amend Section 239, Column V to:

-          replace reference O1[367] to L1[367] in exception 134 and 964

 

4.  R4O Zone

The lot width and lot area applicable to planned unit developments are erroneous, and should be the same in this subzone as in other comparable R4 Zones.  The purpose of a planned unit development is to permit a number of dwellings on a single lot, rather than just one dwelling, and therefore must not need to conform to the lot sizes affecting each dwelling type.

Amend Section  162, Table 162A, Subzone O, Columns IV (minimum lot width) and V (minimum lot area) to delete the phrase “as per dwelling type” and replace with “na” in Column IV, and with “1,400” in Column V.

Zoning Map Corrections

5.  Area to the north of Meadowbrook Road;  bounded by Eugene Street to the north, to the back of the lots on the east side of Aurele Street, to the west, to the back of the lots fronting on the west side of Maxime Street.

 

Area zoned to the siouth side of Meadowbrook Road, the zoning narrows to cover only those lots on the west side of Maxime Street, south to Ridgebrook Drive.

 

Ward 11

 

 

There are approximately 24 dwelling units on Maxime and Aurele streets that have been made legal non-conforming by the rezoning from former Gloucester Zoning By-law to the new by-law.  The old Rd1 zone permitted semi-detached dwellings while the new R1N zone does not. 

The Rd1 of Gloucester was supposed to be R2N ... it appears that a "1" was placed on the map instead of a "2" in the zone category.

 

 

Amend the Zoning Map to rezone the lands from R1N to R2N.

6.  713 Tweedsmuir Avenue

 

Ward 15

 

 

The boundary between the commercial and residential zoning was incorrectly transferred on the new Zoning Map which means a detached dwelling is  now zoned commercial instead of residential.

 

Amend the Zoning Map, to rezone the subject lands, as shown on Document 3, from AM5[21] S114 to R4B.

 

7.  297-301 Savard and 306 Cyr Avenues

 

Ward 12

The zoning map placed an exception [9] on the lands when it should have been exception [8].

Amend the Zoning Map, to rezone the subject lands, as shown on Document 3, from I1A[9] H(9) to I1A[8] H(9).

8.  116 Beech Street and 287 Loretta Avenue South

 

Ward 15

 

 

The 2007 draft version of the Comprehensive Zoning By-law, reflected a maximum height limit of 18 m in the R5B zone in the text of the by-law. For the final by-law, the height limits for the R5 zone were taken out of the text and placed instead on the Zoning Map.  The intent of the zoning strategy for the mid-high rise residential, R5 zone, was to apply an 18 metre height limit where the previous zoning either did not have a height limit, or where existing buildings were 18 metres or less in height.

 

For the property at 116 Beech Street, no height limit is showing on the Zoning Map, where an H(18) should have been added to the zoning designation.

 

For the small property at 287 Loretta Avenue S., the existing building is lower than 18 metres, and the 42 metre height limit of the adjoing property was incorrectly also applied to these lands.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 3, from R5B to R5B H(18) and R5B H(42) to R5B H(18).

 

9.  320 McLeod Street

 

Ward 14

 

 

Zoning for site incorrectly identifies Schedule 244 as applicable to the property when it should be Schedule 224.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 3, from R5B[1169] H(28) S244 to R5B[1169] H(28) S224.

10. 710 Carson’s Road (part of)

 

Ward 13

 

 

By-law 2004-400 was incorrectly transferred for the the north part of the site; it should be zoned R4N[985]S226 rather than I1A.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 3, from I1A to R4N[985]S226.

 

 

Zoning Map and Text Corrections

11.  80 Aberdeen

 

Ward 14

 

 

The zoning for the property did not reflect amendments made by By-law 2004-547. As well, neither the former zoning nor the existing zoning reflect the Schedule 214 that is applicable to the lands on the zoning maps as it should have been.

Amend Section 239, Exception [963] by:

- adding the following words to column III:

-          research and development centre

-          office

- modifying the following provision in column V so as to delete the words “including parking for a non-conforming use” and inserting the words “for research and development centre and office uses,” after the words “accessory parking”.

- adding the following provisions in column V:

-          the uses of research and development centre and office are only permitted at 80 Aberdeen Avenue;

-          the minimum parking requirement for research and development centre and office use is 1.3 spaces for every 100m2 of gross floor area;

-          the maximum permitted height for a research and development centre and office is 13.2 metres.

 

Amend the Zoning Map to rezone the lands, as shown in Document 3, from R4S[963] to R4S[963] S214.   

12.  940 Belfast Road

 

Ward 18

 

 

A modification to the IL zone on the property was approved during the October 2007 public hearing on the Comprehensive Zoning By-law, but was not incorporated into the by-law.

Amend Section 239, Exception [446] by adding the following provisions in column V:

- outside storage is allowed on the west side of the property that abuts the IG zone, on the lands known as Part 2, Plan 5R-50 and including the triangle formed from a right angle at the east limit of Part 2 to the CNR right of way.

 

13.  Parts of Hazeldean Road, from Eagleson Road and the Carp River

 

Ward 23

 

The AM2 subzone was created to be applied to commercial zones in former municipal Zoning By-laws throughout the City that had a similar list of permitted uses. However, a “recreational establishment” was permitted in numerous former CG zones along Hazeldean, and this use was not carried over in the AM2 subzone.  It is appropriate to re-establish the permissions of this former use along those AM2 sites along Hazeldean Road.

Amend the Zoning Map to rezone the lands, as shown in Document 3, from AM2 H(20) to AM2[xxx] H(20) to permit the following additional uses:

-          recreational and athletic facility

-          cinema

-          theatre

 

 

14.  3249 Conroy Road

 

Ward 10

 

 

This City owned property, which has been declared surplus, was included in the East Conroy Land Use Study which was considered by City Council on January 25, 2006 after an extensive public consultation process. As part of that study, Council approved a recommendation for their intent to change in the zoning of the lands from IL- light industrial to the CG – general commercial zone of the former Ottawa Zoning By-law, 93-98. Document 3 of the report, ACS2006-PGM-POL-0012, contained the details of the recommended zoning with respect to the uses of the GC zone that were to be prohibited. Further a height limit of 13.5 was to be imposed. Other than this provision, the regulations of the CG zone were to be applied. It was anticipated that the by-law implementing the Council approved zoning change for these lands, would be brought forward by the purchaser of the property.

 

 

At about the same time in 2006, the first draft of the Comprehensive Zoning By-law was released, and zoned this site to IL, a light industrial zone to reflect the IL zoning under the former Ottawa Zoning By-law. However, the Council approved zoning change for 3249 Conroy Road was not incorporated into By-law 2008-250.

 

In order to reflect Council’s intent with respect to the future use of these lands, i.e. that they be developed for commercial or residential uses rather than industrial uses, the zoning should be changed from IL to a GM – general mixed use exception zone which reflects exactly the uses permitted and the provisions of the former Ottawa CG zone as approved by City Council.

 

A site plan control application will be required to be submitted by the purchaser of the property for any development proposed on the lands. 

 

 

Amend the Zoning Map to rezone the lands, as shown in Document 3, from IL to GM[xxx] H(13.5) to:

 

1.   prohibit all uses, except for:

-animal hospital

-apartment dwelling, low rise

-artist studio

-bank machine

-bank

-bed and breakfast

-community centre

-community health and resource centre

-convenience store

-converted dwelling

-day care

-detached dwelling

-diplomatic mission

-duplex dwelling

-dwelling unit

-group home

-instructional facility

-linked detached dwelling

-medical facility

-multiple attached dwelling

-office

-personal service business

-planned unit development

-post office

-retail food store

-retail store

-retirement home

-retirement home, converted

-rooming house

-rooming house, converted

-semi-detached dwelling

-shelter

-stacked dwelling

-three unit dwelling

-training centre

 

2.  apply the following provisions:

-no minimum lot area or lot width

-minimum front yard of 6 m along Johnston Road

-no minimum side yard setback along Conroy Road

-minimum interior side yard setback of 7.5 m along the east property line

-minimum rear yard of 7.5 m

-maximum floor space index of 2.0

-minimum required width of 3 m of landscaped area where a yard is required along Johnston Road, the south and east prperty line; that landscaped area may be reduced to 0.6 m where a minimum 1.4 m high opaque screen is provided

-all non-residentail uses, except a day care are limited to no more than 50% of the floor space index. A bed and breafast and diplomatic mission are also limited to no more than 50% of the floor space index

-storage must be completely enclosed within a building

 

 

 

 

 

 

General Provisions

15.  Section 54 – new definitions

The terms “mixed use building” and “non-residential building” are often used in the various zones to denote separate regulations based on the type of land use category.

 

These terms have not been defined, and have caused some interpretation questions.

 

Staff recommend that these two terms be defined.

 

In addition, these terms should be added to Part 16 - Appendix A – List of Land Uses specifically Mentioned or Defined

Amend Section 54 to add the following new definitions:

 

““mixed use building” means a form of development in which a building contains both residential and non-residential uses, and mixed use development has the same corresponding meaning”

 

““non-residential building means a form of development in which a building contains any type or combination of permitted non-residential uses, and non-residential development has the same corresponding meaning”

 

Amend Part 16, Appendix A to add “mixed use building” and “non-residential building” to the list of land uses specifically mentioned or defined

 

 

16.  R5 Zone Provision 163 (6)

The Subsection establishes what set of zoning provisions will apply in the case of “…other non-residential uses” based on the uses’ heights.  This clause should also make reference to mixed-use buildings, so as to capture both the principal uses as well as permitted ancillary uses within a building also developed with dwelling units.

Amend Subsection 163 (6) to insert a comma as well as the term“mixed use building” immediately following the term “rooming house”, wherever the term “rooming house” appears.

17.  Section 132 – Rooming Units in Private Dwellings

The Section is intended to permit a limited number of rental rooms to assist homeowners, and is not intended to result in the creation of a rooming house, converted.

 

Prior permission, under former Ottawa Zoning By-Law 93-98, was that rooming units were permitted within each principal dwelling unit, and not within the whole of the dwelling.

 

Once a fourth rooming unit is created, the use becomes a rooming house converted as per the zoning definition, subject to its own set of regulations.  The former regulations, then, would have permitted up to 6 rooming units in the whole of a semi-detached dwelling, which by definition, would become a rooming house.

 

The new Zoning By-law did not reflect this intent, by restricting up to two or three rooming units in the whole of a residential use building.  While this attempts to prohibit the creation of a fourth or more unit resulting in an illegal rooming house (if not listed as a permitted use), it can result in “first come first served” zoning which is not authorized under the Planning Act.

Recommend that Section 132 be revised to indicate that up to two or three are permitted in each principal dwelling unit, and add a proviso that the total number of rooming units within all attached principal dwelling units, must not result in the creation of a rooming house, converted.  This approach will strengthen the prohibition of a rooming house, converted as that use is not to be permitted in an indirect way by adding up all rented rooms in the attached dwellings.

Amend Section 132 to add a new subsection (3) and to renumber the subsequent subsection, to modify the wording of clauses 1) and 2) shown in bold print below, so that the subsections (1), (2), and (3) would read as follows:

 

“(1) In the case of the R1, R2, R3, R4, and R5 zones, up to three rooming units are permitted in a detached dwelling, and a linked-detached dwelling; and in each principal dwelling unit of a semi-detached dwelling, of a duplex dwelling, and of a multiple attached dwelling.

 

(2) In the case of the VM, V1, V2, V3, RU and RR zones, up to two rooming units are permitted in a detached dwelling, and a linked-detached dwelling; and in each principal dwelling unit of a semi-detached dwelling and a duplex dwelling.

 

(3) In no case, may the cumulative total of rooming units within the whole of one of the residential use buildings, listed in subsections (1) and (2) above, result in the creation of a rooming house, or rooming house, converted.”

18.  Maximum Width of Driveways

 

Rockcliffe Park

 

Ward 13

In the former Rockcliffe Zoning By-law, a maximum driveway width of 6.1 metres was in effect, the intent of which was to reduce the number and width of driveways, with landscaping made more significant than the driveway or parking areas.

 

Zoning By-law 2008-250 establishes the maximum driveway width of a residential lot as a maximum of 50% of the area of the front yard, or the minimum width of one parking space (i.e. 2.6 m).  As the lot gets wider and larger, so too may a driveway be wider. 

 

Rockcliffe Park consists mostly of large detached dwelling lots.  Without a firm maximum standard, a substantial amount of a front or corner side yard  could be turned into a driveway, thus reducing the landscaping of the front yards.

 

In addition, it is recommended that the minimum landscaped strip between the driveway and the interior side lot line be brought forward, as it aids in maintaining soft landscaping between residential lots

Amend the following site-and area-specific exceptions:

R1A[1256], R1A[1257], R1B[1259], R1BB [1258], R1C [1260], R1I [1261], R3B [907], and R4N[1321] H(12.5),

and rezone the R1I and R4N to the same exception [xxxx] by adding the following text:

-          maximum driveway width is 6.1 m

-          maximum driveway width is 3.05 m at the street lot line, and in the case of a semi-circular driveway, the maximum driveway width, for both accesses combined, must not exceed 6.1 metres

-          minimum landscaped strip of 1.5 m, developed with soft landscaping, is required between the driveway and the interior side lot line.

 

Amend the Zoning Map to rezone the R1I and R4N subzones in Rockliffe Park, as shown in Document 3, from R1I to R1I [xxxx] and R4N to R4N[xxxx].

 

19.  Section 55 – Accessory Buildings, Uses and Structures as affects the RM Zone - Mobile Home Parks

[Note that this item is also included in Document 3 as item 2  – for ARAC’s consideration because there are a number of mobile home parks located throughout the rural area.]

 

A review of  Section 55 indicates that the requirements affecting whole mobile home parks were not considered in the creation of this Section.

 

Column II has the RM – Mobile Home Park Zone in the same category as residential dwellings, where the rule is intended to apply to one building per lot.  The Section fails to consider accessory uses, buildings and structures needed and used by the mobile home park itself. 

 

Subsections 55 (7) and 55 (8) limit the total cumulative amount of all accessory structures and buildings at 55 m2, with a maximum of two buildings or structures permitted per lot.  Since mobile home parks are developed on one lot, the maximum number of accessory buildings is two for the entire site. 

 

These provisions were created based on one residential building per lot, which falls short of the actual need for multiple accessory buildings serving the mobile home park itself.

 

Further, in many existing mobile home parks, each mobile home site has an accessory building, which when added in with all other ones, would also exceed the cumulative total of 55 m2 gross floor area.

 

It is recommended that the requirements for both mobile home sites, as well as for mobile home parks, be amended to create standards that reflect more clearly the needs of mobile home park operators as well as park residents.

1. Amend Table 55 to remove reference to the RM Zone from Column II, and to add the same RM Zone reference under Column III immediately following the RI zone reference.

 

2.Amend Table 55 (7) to add a new clause (b), and to rename the current clause (b) to clause (c):

"(b) In an RM zone,

(i) a maximum of 10 m2 is permitted for a maximum of one accessory building associated with a mobile home site; and

(ii) a maximum cumulative total gross floor area of 300 m2 may be used for accessory buildings or structures whose sole purpose is to provide space for tools, equipment, materials and similar items, or for accessory uses needed to maintain the mobile home park; and must not be used for storage for individual mobile home sites, nor for commercial storage."

 

 

 

20. Certain lands located on Friendly Crescent, Shining Star Circle, Brightside Drive, Hopetown Steet and Hartsmere Drive

 

Ward  6

 

 

In the former Goulbourn Zoning By-law, the lands were zoned R1-6, exception 6 reducing the lot width and area and establishing different setbacks from the R1 zone. The new R1T zone most closely approximated the lot width of the former exception zone, and a new exception zone, exception 721, was created to reflect the other modified performance standards. Unfortunately, when the new zone was affixed to the zoning map, it became R1D and the old exception zone number 6 was retained, rather than applying the “T” subzone and the new exception number 721.

 

Reference to the RID zone in exception 6 should be removed. Additionally, there was no maximum front yard setback in the former Goulbourn zoning, so this provision should be deleted.

Amend the Zoning Map to rezone the R1D[6]zone to R1T[721] as shown on the attached map.

 

Amend Section 239, Column II to remove the zone reference R1D[6] in exception 6.

 

Amend Section 239, Column IV to remove the words “-maximum front yard setback 6 m” in exception 721.


DOCUMENT 2

LIST OF ANOMALIES AND MODIFICATIONS TO ZONING

BY-LAW 2008-250 FOR CONSIDERATION BY

AGRICULTURAL AND RURAL AFFAIRS COMMITTEE              

 

Item

Objective of Amendment

Proposed Amendment

Zoning Map and Text Corrections

1. Mobile Home Parks

 

 

5401 Bank Street

7481 Mitch Owens

1000 Vista Barrett Private

 

 

Ward 20

 

 

 

Three mobile home parks were originally zoned to permit detached dwellings in addition to mobile homes.  These parks contain a number of detached dwellings, including premanufactured houses.  Further, former Gloucester Zoning By-law 333 of 1999 permitted the use. 

 

In the case of the Albion Sun Vista Mobile Home Park (1000 Vista Barrett Private) in former Osgoode, the site-specific zoning extended the definition of mobile home to include premanufactured housing, which is a detached dwelling land use under Zoning By-law 2008-250.

.

Because a detached dwelling is both permitted and exists on each of these three sites, it is recommended that the following mobile home parks be rezoned to permit detached dwellings:

 

5401 Bank

7481 Mitch Owens

1000 Vista Barrett Private

Amend the Zoning Map to rezone 5401 Bank Street and 7481 Mitch Owens from RM2 to RM2 [xxxr], and rezone 1000 Vista Barrett Private from RM3 to RM3 with the same [xxxr] exception as the other two properties noted herein.

 

Amend Section 240 – Rural Exceptions, to create a new exception that will add “detached dwelling” as an additional permitted use in Column III.

 

Amend Section 240 – Rural Exceptions to add the references to the affected zoning, “RM2 [xxxr]” and RM3[xxxr] in Column II.

 

Amend Section 240, rural Exception RM2 [188r]-h to add “detached dwelling” as an additional permitted use in Column III.

 

 

2.  Section 55 – Accessory Buildings, Uses and Structures as affects the RM Zone - Mobile Home Parks

[Note that this item is also included in Document 2 as item 19  – for PEC consideration as there are mobile home parks located in the urban area.]

 

A review of  Section 55 indicates that the requirements affecting whole mobile home parks were not considered in the creation of this Section.

 

Column II has the RM – Mobile Home Park Zone in the same category as residential dwellings, where the rule is intended to apply to one building per lot.  The Section fails to consider accessory uses, buildings and structures needed and used by the mobile home park itself. 

 

Subsections 55 (7) and 55 (8) limit the total cumulative amount of all accessory structures and buildings at 55 m2, with a maximum of two buildings or structures permitted per lot.  Since mobile home parks are developed on one lot, the maximum number of accessory buildings is two for the entire site. 

 

These provisions were created based on one residential building per lot, which falls short of the actual need for multiple accessory buildings serving the mobile home park itself.

 

Further, in many existing mobile home parks, each mobile home site has an accessory building, which when added in with all other ones, would also exceed the cumulative total of 55 m2 gross floor area.

 

It is recommended that the requirements for both mobile home sites, as well as for mobile home parks, be amended to create standards that reflect more clearly the needs of mobile home park operators as well as park residents.

 

 

1. Amend Table 55 to remove reference to the RM Zone from Column II, and to add the same RM Zone reference under Column III immediately following the RI zone reference.

 

2.Amend Table 55 (7) to add a new clause (b), and to rename the current clause (b) to clause (c):

"(b) In an RM zone,

(i) a maximum of 10 m2 is permitted for a maximum of one accessory building associated with a mobile home site; and

(ii) a maximum cumulative total gross floor area of 300 m2 may be used for accessory buildings or structures whose sole purpose is to provide space for tools, equipment, materials and similar items, or for accessory uses needed to maintain the mobile home park; and must not be used for storage for individual mobile home sites, nor for commercial storage."

 

 

 

 

 

 

3.  3690 Carling Avenue

 

Ward 7

 

 

The property currently is zoned with exception [263r] which was meant for another property on Hazeldean Road.  The correction reflects the intent of the GR Block 4 zoning of former Nepean Zoning By-law 100-2000.

Amend the Zoning Map from RC4[263r] to RC4[xxxr]

 

Amend Section 240, Rural Exceptions, to create a new exception for the property such that under Column IV,  Land Uses Prohibited it says “all uses prohibited except for:

-          a golf course limited to a driving range,

-          amusement park limited to a miniature golf facility

and the following ancillary uses:

-          retail store limited to the sale of golf clubs

-          golf club repair

-          snack bar”

4.  Selected RR4, RR5, RR14, RR15 zones in West Carleton (former West Carleton RR-2 zones)

 

 

 

Ward 5

The former West Carleton Zoning By-law permitted the construction of buildings and structures on lots having frontage on a private road within the former RR-2 subzone.  These rights were not carried forward for these lands in By-law 2008-250.

 

Amend the Zoning Map to rezone the lands by applying exception [19r] to the RR4, RR5, RR14, RR15 zones, as shown in Document 3.

 

 

5.  Part of the lands between Bank Street and Sale Barn Road, south of Parkway Road, Greely Village

 

 

 

 

Ward 20

OMB orders relating to  PL060527 for part of the lands between Bank Street and Sale Barn Road south of Parkway Road, as shown in Document 3,  were not completely implemented.

Rezone Area A from O1 to O1 [365r], as shown in Document 3.

 

Rezone Area B from RU to O1 [365r], as shown in Document 3.

 

Rezone Area C from RU to V1I [316r], as shown in Document 3.

 

 

 

 

6.  3487 Panmure Road, Stonewalk Subdivision

 

 

 

Ward 5

By-law 2008-250 did not properly recognize the lot widths for a draft approved plan of subdivision.

Rezone the property from RR3 to RR3 [xxxr], as shown in Document 3, with exception [xxxr] to read,

-minimum lot width 40 metres, except for lots 24 and 25 on the 2010 Draft Plan of Subdivision which will have a minimum lot width of 22 metres.

 

 

 

 

7.  2384 Craig’s Side Road

 

 

 

Ward 5

The current zoning, Rural General Industrial (RG), does not recognize heavy industrial uses that  have existed since 1988 and were permitted under the former zoning.  The property owner has requested that these heavy industrial uses be reinstated as a permitted use. 

 

Rezone the subject lands from RG1 to RG1 [xxxr], as shown in Document 3.

 

Amend Section 240 – Rural Exceptions, to create a new exception that will add, “-heavy industrial use” as an additional permitted use in Column III.

 

 

 

 


DOCUMENT 3 AS AMENDED*

LIST OF SITE-SPECIFIC LOCATION MAPS                                                                         

 

Location Maps (attached)

The R1N zone in the Maxime and Aurele Street area

713 Tweedsmuir Avenue

297-301 Savard and 306 Cyr Avenues

116 Beech Street and 287 Loretta Avenue South

320 McLeod Street

710 Carson’s Road

80 Aberdeen

AM2 subzone along Hazeldean Road, Eagleson Road and the Carp River

R1I and R4N subzones in former Rockliffe Park

3249 Conroy Road

5401 Bank Street

7481 Mitch Owens Drive

1000 Vista Barrett

3690 Carling Avenue

Selected RR4, RR5, RR14, RR15 zones in West Carleton

Part of the lands between Bank Street and Sale Barn Road, south of Parkway Road

3487 Panmure Road

2384 Craig’s Side Road

Certain Lands located on Friendly Crescent, Shining Star Circle, Brightside Drive, Hopetown Steet and Hartsmere Drive, Ward 6 (*as amended by PEC, 23 March 2010)

 

 




 



 



MAP ADDED AS PER MOTION BY S. QADRI, PEC MEETING OF 23 MARCH 2010

 



            COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES
AND MINOR CORRECTIONS - FIRST QUARTER 2010

rÈGLEMENT DE ZONAGE général 2008-250 : ANOMALIES
ET CORRECTIONS MINEURES - premiEr trimestre 201
0
ACS2010-ICS-PGM-0066                             City-wide / À l'échelle de la Ville

 

At the Planning and Environment Committee meeting of 23 March 2010, the Committee Chair noted that there were two amendments being brought forward, with the support of staff, one in Councillor Legendre’s ward and the other in Councillor Qadri’s ward.

 

Anthony Keith, was present in support of Councillor Qadri’s motion to amend Document 1, Item 18, Column 3 with regards to the maximum driveway width.

 

Moved by S. Qadri:

 

That Document 1, Item 18, Column 3 be amended to read: “maximum driveway width is 3.05 m at the street lot line, and in the case of a semi-circular driveway, the maximum driveway width, for both accesses combined, must not exceed 6.1 metres;” and

 

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

 

Moved by S. Qadri:

 

That report number ACS2010-ICS-PGM-0066 be amended by:

 

1.       Adding a new item 20 in Document 1 as follows:

 

Item

Objective of Amendment

Proposed Amendment

20. Certain lands located on Friendly Crescent, Shining Star Circle, Brightside Drive, Hopetown Steet and Hartsmere Drive

 

Ward  6

 

 

In the former Goulbourn Zoning By-law, the lands were zoned R1-6, exception 6 reducing the lot width and area and establishing different setbacks from the R1 zone. The new R1T zone most closely approximated the lot width of the former exception zone, and a new exception zone, exception 721, was created to reflect the other modified performance standards. Unfortunately, when the new zone was affixed to the zoning map, it became R1D and the old exception zone number 6 was retained, rather than applying the “T” subzone and the new exception number 721.

 

Reference to the RID zone in exception 6 should be removed. Additionally, there was no maximum front yard setback in the former Goulbourn zoning, so this provision should be deleted.

Amend the Zoning Map to rezone the R1D[6]zone to R1T[721] as shown on the attached map.

 

Amend Section 239, Column II to remove the zone reference R1D[6] in exception 6.

 

Amend Section 239, Column IV to remove the words “-maximum front yard setback 6 m” in exception 721.

 

2.   Adding a map to Document 3 that identifies the lands that are being rezoned in Item 20 of Document 1; and

 

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

 

 

Committee then approved the report recommendations, as amended.

 

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

 

2.   That Document 1, Item 18, Column 3 be amended to read: “maximum driveway width is 3.05 m at the street lot line, and in the case of a semi-circular driveway, the maximum driveway width, for both accesses combined, must not exceed 6.1 metres.”

 

3.   That Document 1 be amended to add a new Item 20, as follows:

 

Item

Objective of Amendment

Proposed Amendment

20. Certain lands located on Friendly Crescent, Shining Star Circle, Brightside Drive, Hopetown Steet and Hartsmere Drive

 

Ward  6

 

 

In the former Goulbourn Zoning By-law, the lands were zoned R1-6, exception 6 reducing the lot width and area and establishing different setbacks from the R1 zone. The new R1T zone most closely approximated the lot width of the former exception zone, and a new exception zone, exception 721, was created to reflect the other modified performance standards. Unfortunately, when the new zone was affixed to the zoning map, it became R1D and the old exception zone number 6 was retained, rather than applying the “T” subzone and the new exception number 721.

 

Reference to the RID zone in exception 6 should be removed. Additionally, there was no maximum front yard setback in the former Goulbourn zoning, so this provision should be deleted.

Amend the Zoning Map to rezone the R1D[6]zone to R1T[721] as shown on the attached map.

 

Amend Section 239, Column II to remove the zone reference R1D[6] in exception 6.

 

Amend Section 239, Column IV to remove the words “-maximum front yard setback 6 m” in exception 721.

 

4.   That a map be added to Document 3, that identifies the lands that are being re-zoned in Item 20 of Document 1.

 

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

 

                                                                                                            CARRIED as amended

 



            COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES
AND MINOR CORRECTIONS - FIRST QUARTER 2010

rÈGLEMENT DE ZONAGE général 2008-250 : ANOMALIES
ET CORRECTIONS MINEURES - premiEr trimestre 201
0
ACS2010-ICS-PGM-0066                             City-wide / À l'échelle de la Ville

 

Subsequent to the Planning and Environment Committee’s consideration of this report at its meeting of 23 March 2010, the Agriculture and Rural Affairs Committee considered this report and “Carried” its portion of the report recommendations without amendment.

 

That the Agriculture and Rural Affairs Committee recommend Council approve the amendments recommended in Column 3 of Document 2, to correct anomalies in Zoning By-law 2008-250.

 

                                                                        CARRIED