2. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES
AND MINOR CORRECTIONS - SECOND QUARTER 2010 - RURAL AREA

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET
CORRECTIONS MINEURES – DEUXIÈME TRIMESTRE 2010 – secteur rural

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council approve:

1. The amendments recommended in Column 3 of Document 1, to correct anomalies in Zoning By-law 2008-250;

2. That a new Row 18 be added to Document 1 as follows:

a. Column 1: 123 Coveredbridge

Column 2: This existing vacant lot in the subdivision was assigned exception 13r to reduce the lot area, however it is a large lot which meets the minimum lot area requirements of the RR3 subzone and therefore does not need the reduction contained in exception 13r. However, the lot width is smaller than the standard 60 metre minimum lot width requirement of the RR3 subzone, and therefore should have been assigned exception 177r which reduces minimum lot width to 40 metres.

Column 3: Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR3[13r] to RR3[177r].

b. Add the attached Zoning Map to Document 2, and;

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

3. That Item 17 of Document 2, relating to 4497 O’Keefe Court, be deferred to the next Agriculture and Rural Affairs Committee meeting dealing with the correction of anomalies to By-Law 2008-250.

RECOMMANDATIONS MODIFIÉES DU COMITÉ

Que le Conseil approuve :

1. les modifications recommandées dans la colonne 3 du document 1 afin de corriger des anomalies dans le Règlement de zonage n^o 2008-250;

2. l'ajout de la nouvelle rangée 18 qui suit dans le document 1 :

a. Colonne 1 : 123, voie Coveredbridge

Colonne 2 : Ce lot vacant dans le lotissement a été affecté de l'exception 13r à des fins de réduction de superficie; il s'agit cependant d'un grand lot qui satisfait aux exigences minimales de superficie de la sous-zone RR3 et ne nécessite donc pas la réduction prévue par l'exception 13r. La largeur du lot est toutefois inférieure à l'exigence minimale de 60 mètres de la sous-zone RR3 et le lot aurait donc dû être affecté de l'exception 177r, qui réduit la largeur minimale de lot à 40 mètres.

Colonne 3 : Modifier la carte de zonage, afin de changer de RR3[13r] à RR3[177r] le zonage du terrain en question, tels que le montre le le document 2;

b. l'ajout de la carte de zonage au document 2;

c. la non-publication d'un autre avis en vertu du paragraphe 34(17) de la Loi sur l'aménagement du territoire;

3. le report du point 17 du document 2, qui vise le 4497, cour O'Keefe, à la prochaine réunion du Comité de l'agriculture et des affaires rurales portant sur la correction des anomalies du Règlement de zonage 2008-250.

Documentation

1. Deputy City Manager’s Report, Infrastructure Services and Community Sustainability dated 13 May 2010 (ACS2010-ICS-PGM-0097).

2. Extract of Draft Minutes, Agriculture and Rural Affairs Committee, 27 May 2010.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des affaires rurales

and Council / et au Conseil

13 May 2010 / le 13 mai 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

Barrhaven (3), West Carleton-March (5), Bay (7), Cumberland (19), Osgoode (20), Rideau-Goulbourn (21)

Ref N°: ACS2010-ICS-PGM-0097

SUBJECT:	COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - SECOND QUARTER 2010 - RURAL AREA

OBJET :	RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – DEUXIÈME TRIMESTRE 2010 – secteur rural

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend Council approve the amendments recommended in Column 3 of Document 1, to correct anomalies in Zoning By-law 2008-250.

RECOMMANDATION DU RAPPORT

Que le Comité de l’agriculture et des affaires rurales 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 n^o 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 rural 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 Agriculture and Rural Affairs Committee on the anomalies in the rural area. Document 2 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

The recommendations in the report 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

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 Agricultural and Rural Affairs Committee

Document 2 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 (AT N^O. 18)

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 Corrections
1. Part of 972 William Mooney Road Ward 5	As part of the appeals resolution process to By-law 2008-250, a zoning amendment was approved by the Ontario Municipal Board on May 20, 2009 which created exception 328r to allow for a minimum interior side yard of 4 metres on the property. Subsequently, an application for rezoning of these lands to RR3 was approved by City Council in November 2009, with the standard minimum requirement of 5 metres for the interior side yard. In order to be consistent with the OMB decision, it is recommended that the reduced minimum side yard of 4 metres be carried over in the RR3 zone for the lands.	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR3 to RR3[328r].
2. 1654, 1668, 1718, 1814, 1858 Old Montreal Road, 1855 Wilhaven Drive Ward 19	The lands should be zoned the RR subzone 1, exception [515r]-h, to reflect the former Cumberland ER zone which required 45 m lot width.	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR[515r]-h to RR1[515r]-h.
3. 3145 Wilhaven Drive Ward 19	These lands have been rezoned under the former Cumberland Zoning By-law to remove the holding provisions, but this is not reflected in By-law 2008-250, which would require removal of the holding conditions contained in exception 515r .	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR1[515r] to RR1.
4. Part of 2775 Pierce Road Ward 21	This sliver of land zoned AG is part of 2775 Pierce Road and should be the same zoning designation, which is AG2.	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from AG to AG2.
5. Part of 4900 Carp Road Ward 5	The lands located in the Carp Hills were acquired by the City in 2008 for Natural Environment Area purposes and the zoning line between the RU and EP3 designations should more accurately match the property boundaries.	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RU to EP3 and EP3 to RU.
6. 4313A, Part of 4335, Part of 4363, Part of 4381 and 4467 Farmers Way Ward 19	By-law 2005-309 rezoned these lands under the former Gloucester Zoning By-law from Ag to Re1, however the changes were not incorporated into By-law 2005-250. The lands are zoned RU and should be zoned RR8 to reflect the former Gloucester Re1 zone.	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RU to RR8.
7. 114, unaddressed parcel, 128, 140 Rivington Street, Carp Village Ward 5	A typographical error on the zoning map resulted in these lands being zoned VM1- Village Mixed-use subzone 1, rather than V1M – Village Residential First Density subzone 1. These lands are designated Residential in the Village of Carp Community Design Plan.	Amend the Zoning Map by rezoning the subject lands from VM1 to V1M, as shown on Document 2.
8. 8041, 8047, 8053, 8067 and 8077 Mitch Owens Road Ward 20	These lands are occupied by detached dwellings, however they were inadvertently included in a change in the proposed draft Comprehensive Zoning By-law modification to the lands to the north which permit a military and police training facility through exception 264r.	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2 from AG[264r] to AG.
9. 11 King Street, Richmond Ward 21	The floodplain overlay zoning on this site was based on the floodplain mapping of the Jock River prepared by the Rideau Valley Conservation Authority, dated July 21, 2005. In February 2009, an application was submitted to the Rideau Valley Conservation Authority for approval to re-grade the property with existing stockpiled fill material on the site. This application (RV5-04/09) was approved April 6, 2009 and the work was undertaken. An as-built elevation survey dated September 14, 2009, prepared by M. Savic of Novatech Engineering Consultants Ltd., was submitted following the work and the new grades have shown the property to be above the 1:100 year floodplain of the Jock River. On March 11, 2010, the Rideau Valley Conservation Authority revised the mapping of the subject property to remove it from the floodplain designation.	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, to remove the floodplain overlay.
Zoning Map and Text Corrections
10. Part of 5410 Bank Street Ward 20	The former Gloucester Zoning By-law consolidation did not reflect a site-specific amendment approved in 1995 to permit the retail sale of automotive parts.	Amend Section 240, to create an exception to add a retail store, limited to the sale of automotive parts, as an additional land use permitted, for the property shown in Document 2.
11. Part of unaddressed parcel on the south side of Commodore Lane, Kars Village Ward 21	The wording of exception [448r] does not accurately reflect the intent of a site-specific Zoning By-law amendment approved in 2005. In addition, a refinement of the zoning boundaries is required as the current boundaries of this exception zone are not as shown in the 2005 Zoning By-law amendment. The area of land subject to the V2C [448r] zone should be approximately 866 square metres, according to the survey submitted by the applicant in 2005. As geo-referenced mapping information is now available, the correct boundaries of the exception zone can be located with a higher degree of accuracy. It should be noted that while land use is regulated under the Planning Act, development in a flood plain is also regulated under the Conservation Authorities Act. A permit from the Conservation Authority is required before a building permit from the municipality may be issued under the Building Code Act.	Amend exception [448r] by adding the provision, “-Despite the provisions in Section 58 – Flood Plain Hazard Overlay, a detached dwelling is permitted.” Amend the boundaries of the V2C [448r] zone, as shown in Document 2. The revised boundaries will result in a portion of the V2C [448r] zone with flood plain overlay being rezoned to O1 with flood plain overlay.
12. Part of 557 Jinkinson Road/ 7120 Highway 7 Ward 21	A site specific amendment, By-law 2006-445, rezoned the lands under the former Township of Goulbourn Zoning By-law 40-99, from RU to MR-1-h, a rural industrial zone only permitting a warehouse, mini-warehouse and storage with a holding zone. In transferring this amendment to By-law 2008-250, an RU zone was utilized, instead of the RG, Rural Industrial zone. As well, it was intended that all uses be prohibited except for a “warehouse”, however, the exception was prepared adding warehouse as an additional use. The holding provision was lifted through By-law 2009-17.	Amend the Zoning Map , to rezone the subject lands, as shown on Document 2, from RU[355r] to RG[355r]. Amend Section 240, Exception 355r by including the words “all uses except warehouse” under Column IV and deleting the word “warehouse” in Column III.
13. 1000 Vista Barrett Private and part of 1121 Stagecoach Road Ward 20	The RM3 – Mobile Home Park subzone 3 does not adequately reflect the provisions of the former Osgoode MHP2, MHP4 and MHP4h mobile home park subzones regarding yard setbacks, maximum building height and maximum number of dwelling units.	Amend the RM3 subzone provisions in Table 168 (g) by adding, “5”, for the maximum building height in metres. In Table 168, row (i) regarding the RM3 subzone provision for maximum number of mobile home sites in mobile home park, delete the number 110 and replace it with, “varies¹”. Add a new Table 168A – Additional Zoning Provisions to include a provision for endnote 1 stating, “As per exception.” Amend the zoning map to rezone the subject lands from RM3[367r] to RM3[xxxr] and RM3[xxyr], as shown in Document 2. Create and apply exception RM3[xxxr] to the land shown as Area A in Document 2 with the following: Additional Land Uses Permitted: - detached dwelling Provisions: -maximum number of dwelling units is 136 Create and apply exception RM3[xxyr] to the land shown as Area B in Document 2 with the following: Additional Land Uses Permitted: - detached dwelling Provisions: - minimum corner side yard setback is 15 metres- - minimum interior side yard setback is 15 metres - minimum rear yard setback is 15 metres - maximum number of dwelling units is 167 Amend exception [367r], Column II by deleting the reference to RM3[367r] Amend exception [188r] as follows: By moving the text “-detached dwelling” from Column II to Column III. by adding the following provisions: -minimum corner side yard set back is 15 metres - minimum interior side yard setback is 15 metres - minimum rear yard setback is 15 metres - maximum number of dwelling units is 167
Text Corrections
14. Exceptions 264r, 286r and 445r	There is an RC10 and AG zone not listed in Column II of exception 264r. There is an AG3 zone not listed in Column II of exception 286r Exception 445r permits a “military training facility” and the terminology was changed to “military and police training facility”. A correction should be made to use the consistent terminology for this use.	Amend Section 240, Column II to: - add “RC10[264r]” and “AG[264r]” to exception 264r - add “AG3[286r] to exception 286r Amend Section 240, Column III of exception 445r, to insert the words “and police” after the word “military”
15. 4980 Albion Road Ward 20	During City Council’s consideration of the draft Comprehensive Zoning By-law on April 23, 2008, a motion was passed (Motion No. 35/5 – item #4) which made two modifications to exception 529r affecting the lands of the Central Canada Exhibition Association. One of those modifications was not put into effect in the adopted text and should be corrected to properly reflect the approved motion. The former Gloucester zoning for these lands permitted banquet facilities and meeting rooms in addtion to an exhibition facility and amphitheatre, therefore the permitted place of assembly use should not be “limited to an amphitheatre” and the motion recommeded the deletion of these words. Some minor changes are also proposed to make reference to the permitted uses of the RC zone rather than the RC4 suzone(subzone which does not identify uses, but rather provisions) in Column IV. As well, two provisions regarding setbacks that were in the former Gloucester Cr12 zone should have been carried over into exception 529r.	Amend Section 240, Exception 529r to: - delete the “4” after “RC” and to add the word “permitted” before the first instance of the word “uses” in Column IV - delete the words “limited to an amphitheatre,” in Column V - add the following provisions in Column V: - amusement park rides must be 150 m from any lot line abutting a residential zone - a minimum 15 m landscape area must be provided along any lot line abutting a residential zone
16. 4564 Fallowfield Road Ward 21	The wording of exception [74r] requires clarification in order to adequately implement the intent of RMC Block “G” zone in the former Rural Nepean Zoning By-law.	Amend Section 240, exception [74r], by adding, “- restaurant” to Column IV and by deleting the provisions contained in Column V.
~~17. 4497 O’Keefe Court~~ ~~Ward 3~~	A site-specific amendment application, resulting in By-law 2007-173, which amended former Nepean Zoning By-law 73-92, is not accurately reflected in the text of By-law 2008-250. The by-law contained specific defintions for “light assembly and production” which were inadequately translated as “light industrial uses”. The definition limited the types of assembly and production to small products and intended to include land uses reflected in By-law 2008-250 as an artisan studio, production studio, research and development centre and technology industry. As well there was a definition of “multi-occupancy industrial building” which was intended to require two or more occupancies and ”where no individual occupant is identifiable as a dominant occupant of the building”. Furthermore, a warehouse was only permitted in conjunction with a another use. A change is also made in reference to the term landscape buffer, to be replaced by the term landscape area to be consistent with the language in By-law 2008-250.	~~Amend Section 240, Exception 401r as follows:~~ 1. Column IV to add the words “limited to the manufacturing or assembly of small products” after the words “light industrial use” and add “artist studio, production studio, research and development centre and technology industry”. ~~2. Column V to add the following provisions:~~ ~~- warehouse is only permitted, in combination with one or more additional permitted uses in a building~~ ~~- where a building contains more than one occupancy, no individual occupancy may be greater than 50% of the gross floor area than the next largest occupancy.~~ ~~3. Column V to replace the word “buffer” with “area”.~~
18. 123 Coveredbridge	This existing vacant lot in the subdivision was assigned exception 13r to reduce the lot area, however it is a large lot which meets the minimum lot area requirements of the RR3 subzone and therefore does not need the reduction contained in exception 13r. However, the lot width is smaller than the standard 60 metre minimum lot width requirement of the RR3 subzone, and therefore should have been assigned exception 177r which reduces minimum lot width to 40 metres.	Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR3[13r] to RR3[177r].

Item

Objective of Amendment

Proposed Amendment

Zoning Map Corrections

1. Part of 972 William Mooney Road

Ward 5

As part of the appeals resolution process to By-law 2008-250, a zoning amendment was approved by the Ontario Municipal Board on May 20, 2009 which created exception 328r to allow for a minimum interior side yard of 4 metres on the property.

Subsequently, an application for rezoning of these lands to RR3 was approved by City Council in November 2009, with the standard minimum requirement of 5 metres for the interior side yard.

In order to be consistent with the OMB decision, it is recommended that the reduced minimum side yard of 4 metres be carried over in the RR3 zone for the lands.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR3 to RR3[328r].

2. 1654, 1668, 1718, 1814, 1858 Old Montreal Road, 1855 Wilhaven Drive

Ward 19

The lands should be zoned the RR subzone 1, exception [515r]-h, to reflect the former Cumberland ER zone which required 45 m lot width.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR[515r]-h to RR1[515r]-h.

3. 3145 Wilhaven Drive

Ward 19

These lands have been rezoned under the former Cumberland Zoning By-law to remove the holding provisions, but this is not reflected in By-law 2008-250, which would require removal of the holding conditions contained in exception 515r .

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR1[515r] to RR1.

4. Part of 2775 Pierce Road

Ward 21

This sliver of land zoned AG is part of 2775 Pierce Road and should be the same zoning designation, which is AG2.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from AG to AG2.

5. Part of 4900 Carp Road

Ward 5

The lands located in the Carp Hills were acquired by the City in 2008 for Natural Environment Area purposes and the zoning line between the RU and EP3 designations should more accurately match the property boundaries.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RU to EP3 and EP3 to RU.

6. 4313A, Part of 4335, Part of 4363, Part of 4381 and 4467 Farmers Way

Ward 19

By-law 2005-309 rezoned these lands under the former Gloucester Zoning By-law from Ag to Re1, however the changes were not incorporated into By-law 2005-250. The lands are zoned RU and should be zoned RR8 to reflect the former Gloucester Re1 zone.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RU to RR8.

7. 114, unaddressed parcel, 128, 140 Rivington Street, Carp Village

Ward 5

A typographical error on the zoning map resulted in these lands being zoned VM1- Village Mixed-use subzone 1, rather than V1M – Village Residential First Density subzone 1. These lands are designated Residential in the Village of Carp Community Design Plan.

Amend the Zoning Map by rezoning the subject lands from VM1 to V1M, as shown on Document 2.

8. 8041, 8047, 8053, 8067 and 8077 Mitch Owens Road

Ward 20

These lands are occupied by detached dwellings, however they were inadvertently included in a change in the proposed draft Comprehensive Zoning By-law modification to the lands to the north which permit a military and police training facility through exception 264r.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2 from AG[264r] to AG.

9. 11 King Street, Richmond

Ward 21

The floodplain overlay zoning on this site was based on the floodplain mapping of the Jock River prepared by the Rideau Valley Conservation Authority, dated July 21, 2005. In February 2009, an application was submitted to the Rideau Valley Conservation Authority for approval to re-grade the property with existing stockpiled fill material on the site. This application (RV5-04/09) was approved April 6, 2009 and the work was undertaken. An as-built elevation survey dated September 14, 2009, prepared by M. Savic of Novatech Engineering Consultants Ltd., was submitted following the work and the new grades have shown the property to be above the 1:100 year floodplain of the Jock River. On March 11, 2010, the Rideau Valley Conservation Authority revised the mapping of the subject property to remove it from the floodplain designation.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, to remove the floodplain overlay.

Zoning Map and Text Corrections

10. Part of 5410 Bank Street

Ward 20

The former Gloucester Zoning By-law consolidation did not reflect a site-specific amendment approved in 1995 to permit the retail sale of automotive parts.

Amend Section 240, to create an exception to add a retail store, limited to the sale of automotive parts, as an additional land use permitted, for the property shown in Document 2.

11. Part of unaddressed parcel on the south side of Commodore Lane, Kars Village

Ward 21

The wording of exception [448r] does not accurately reflect the intent of a site-specific Zoning By-law amendment approved in 2005. In addition, a refinement of the zoning boundaries is required as the current boundaries of this exception zone are not as shown in the 2005 Zoning By-law amendment. The area of land subject to the V2C [448r] zone should be approximately 866 square metres, according to the survey submitted by the applicant in 2005. As geo-referenced mapping information is now available, the correct boundaries of the exception zone can be located with a higher degree of accuracy.

It should be noted that while land use is regulated under the Planning Act, development in a flood plain is also regulated under the Conservation Authorities Act. A permit from the Conservation Authority is required before a building permit from the municipality may be issued under the Building Code Act.

Amend exception [448r] by adding the provision, “-Despite the provisions in Section 58 – Flood Plain Hazard Overlay, a detached dwelling is permitted.”

Amend the boundaries of the V2C [448r] zone, as shown in Document 2. The revised boundaries will result in a portion of the V2C [448r] zone with flood plain overlay being rezoned to O1 with flood plain overlay.

12. Part of 557 Jinkinson Road/ 7120 Highway 7

Ward 21

A site specific amendment, By-law 2006-445, rezoned the lands under the former Township of Goulbourn Zoning By-law 40-99, from RU to MR-1-h, a rural industrial zone only permitting a warehouse, mini-warehouse and storage with a holding zone. In transferring this amendment to By-law 2008-250, an RU zone was utilized, instead of the RG, Rural Industrial zone. As well, it was intended that all uses be prohibited except for a “warehouse”, however, the exception was prepared adding warehouse as an additional use. The holding provision was lifted through By-law 2009-17.

Amend the Zoning Map , to rezone the subject lands, as shown on Document 2, from RU[355r] to RG[355r].

Amend Section 240, Exception 355r by including the words “all uses except warehouse” under Column IV and deleting the word “warehouse” in Column III.

13. 1000 Vista Barrett Private and part of 1121 Stagecoach Road

Ward 20

The RM3 – Mobile Home Park subzone 3 does not adequately reflect the provisions of the former Osgoode MHP2, MHP4 and MHP4h mobile home park subzones regarding yard setbacks, maximum building height and maximum number of dwelling units.

Amend the RM3 subzone provisions in Table 168 (g) by adding, “5”, for the maximum building height in metres.

In Table 168, row (i) regarding the RM3 subzone provision for maximum number of mobile home sites in mobile home park, delete the number 110 and replace it with, “varies¹”. Add a new Table 168A – Additional Zoning Provisions to include a provision for endnote 1 stating, “As per exception.”

Amend the zoning map to rezone the subject lands from RM3[367r] to RM3[xxxr] and RM3[xxyr], as shown in Document 2.

Create and apply exception RM3[xxxr] to the land shown as Area A in Document 2 with the following:

Additional Land Uses Permitted:

- detached dwelling

Provisions:

-maximum number of dwelling units is 136

Create and apply exception RM3[xxyr] to the land shown as Area B in Document 2 with the following:

Additional Land Uses Permitted:

- detached dwelling

Provisions:

- minimum corner side yard setback is 15 metres-

- minimum interior side yard setback is 15 metres

- minimum rear yard setback is 15 metres

- maximum number of dwelling units is 167

Amend exception [367r], Column II by deleting the reference to RM3[367r]

Amend exception [188r] as follows:

By moving the text

“-detached dwelling” from Column II to Column III.

by adding the following provisions:

-minimum corner side yard set back is 15 metres

- minimum interior side yard setback is 15 metres

- minimum rear yard setback is 15 metres

- maximum number of dwelling units is 167

Text Corrections

14. Exceptions 264r, 286r and 445r

There is an RC10 and AG zone not listed in Column II of exception 264r.

There is an AG3 zone not listed in Column II of exception 286r

Exception 445r permits a “military training facility” and the terminology was changed to “military and police training facility”. A correction should be made to use the consistent terminology for this use.

Amend Section 240, Column II to:

- add “RC10[264r]” and “AG[264r]” to exception 264r

- add “AG3[286r] to exception 286r

Amend Section 240, Column III of exception 445r, to insert the words “and police” after the word “military”

15. 4980 Albion Road

Ward 20

During City Council’s consideration of the draft Comprehensive Zoning By-law on April 23, 2008, a motion was passed (Motion No. 35/5 – item #4) which made two modifications to exception 529r affecting the lands of the Central Canada Exhibition Association. One of those modifications was not put into effect in the adopted text and should be corrected to properly reflect the approved motion. The former Gloucester zoning for these lands permitted banquet facilities and meeting rooms in addtion to an exhibition facility and amphitheatre, therefore the permitted place of assembly use should not be “limited to an amphitheatre” and the motion recommeded the deletion of these words.

Some minor changes are also proposed to make reference to the permitted uses of the RC zone rather than the RC4 suzone(subzone which does not identify uses, but rather provisions) in Column IV. As well, two provisions regarding setbacks that were in the former Gloucester Cr12 zone should have been carried over into exception 529r.

Amend Section 240, Exception 529r to:

- delete the “4” after “RC” and to add the word “permitted” before the first instance of the word “uses” in Column IV

- delete the words “limited to an amphitheatre,” in Column V

- add the following provisions in Column V:

- amusement park rides must be 150 m from any lot line abutting a residential zone

- a minimum 15 m landscape area must be provided along any lot line abutting a residential zone

16. 4564 Fallowfield Road

Ward 21

The wording of exception [74r] requires clarification in order to adequately implement the intent of RMC Block “G” zone in the former Rural Nepean Zoning By-law.

Amend Section 240, exception [74r], by adding, “- restaurant” to Column IV and by deleting the provisions contained in Column V.

~~17. 4497 O’Keefe Court~~

~~Ward 3~~

A site-specific amendment application, resulting in By-law 2007-173, which amended former Nepean Zoning By-law 73-92, is not accurately reflected in the text of By-law 2008-250. The by-law contained specific defintions for “light assembly and production” which were inadequately translated as “light industrial uses”. The definition limited the types of assembly and production to small products and intended to include land uses reflected in By-law 2008-250 as an artisan studio, production studio, research and development centre and technology industry. As well there was a definition of “multi-occupancy industrial building” which was intended to require two or more occupancies and ”where no individual occupant is identifiable as a dominant occupant of the building”. Furthermore, a warehouse was only permitted in conjunction with a another use. A change is also made in reference to the term landscape buffer, to be replaced by the term landscape area to be consistent with the language in By-law 2008-250.

~~Amend Section 240, Exception 401r as follows:~~

1. Column IV to add the words “limited to the manufacturing or assembly of small products” after the words “light industrial use” and add “artist studio, production studio, research and development centre and technology industry”.

~~2. Column V to add the following provisions:~~

~~- warehouse is only permitted, in combination with one or more additional permitted uses in a building~~

~~- where a building contains more than one occupancy, no individual occupancy may be greater than 50% of the gross floor area than the next largest occupancy.~~

~~3. Column V to replace the word “buffer” with “area”.~~

18. 123 Coveredbridge

This existing vacant lot in the subdivision was assigned exception 13r to reduce the lot area, however it is a large lot which meets the minimum lot area requirements of the RR3 subzone and therefore does not need the reduction contained in exception 13r. However, the lot width is smaller than the standard 60 metre minimum lot width requirement of the RR3 subzone, and therefore should have been assigned exception 177r which reduces minimum lot width to 40 metres.

Amend the Zoning Map, to rezone the subject lands, as shown on Document 2, from RR3[13r] to RR3[177r].