1. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - THIRD QUARTER 2011

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – TROISIÈME TRIMESTRE DE 2011

Committee recommendation

(This matter is Subject to Bill 51)

That Council approve the amendments recommended in Column III of Document 1 to correct anomalies in Zoning By-law 2008‑250.

Recommandation DU Comité

(Cette question est assujettie au Règlement 51)

Que le Conseil approuve les modifications recommandées dans la Colonne III du Document 1 afin de corriger des anomalies dans le Règlement de zonage 2008-250.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 1 November 2011 (ACS2011-ICS-PGM-0227).

Report to/Rapport au :

Planning Committee

Comité de l'urbanisme

and Council / et au Conseil

01 November 2011 / le 1^ernovembre 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

City Wide

Ref N°: ACS2011-ICS-PGM-0227

SUBJECT:	COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - THIRD QUARTER 2011

OBJET :	RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : aNOMALIES ET CORRECTIONS MINEURES – TROISIÈME TRIMESTRE DE 2011

REPORT RECOMMENDATION

That the Planning Committee recommend that Council approve the amendments recommended in Column III of Document 1 to correct anomalies in Zoning By-law 2008‑250.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme recommande au Conseil d’approuver les modifications recommandées dans la Colonne III du Document 1 afin de corriger des anomalies 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

Document 1 recommends amendments for the Planning Committee to correct a number of anomalies in the urban area of the city. Zoning maps that are pertinent to site- or area-specific recommendations are included in Document 2.

The recommended amendments are intended to correct mapping errors, typographical errors and minor technical drafting errors in the Zoning By-law.

RURAL IMPLICATIONS

N/A

CONSULTATION

Notice of the public meeting to deal with these anomalies and corrections was provided in The Citizen and Le Droit, with a listing of the addresses and provisions subject to 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 this report.

RISK MANAGEMENT IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

There are no direct financial implications associated with this report.

ACCESSIBILITY IMPACTS

There are no direct accessibility impacts associated with this report.

TECHNOLOGY IMPLICATIONS

There are no direct technical implications associated with this report.

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 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	Objective of Amendment	Proposed Amendment
Zoning Map Corrections
1. 1450 Duford Drive Ward 1	The former Cumberland Zoning By-law 1-84 zoned these lands as Institutional and permitted day cares. There is an inadvertent mapping line that cuts off this site from the I1B (Minor Institutional) zone that replaced the former IS (Institutional School). The I1B zoning should cross the street to include this site. Instead, the zoning line places the school in the R1HH Zone which prohibits institutional uses.	Amend Part 18, Zoning Maps, to rezone the lands shown in Document 2 from R1HH to I1B.
Zoning Map and Text Corrections
2. 855 to 881 Taylor Creek 955 Dairy Drive Ward 1 401 March Road Ward 4	The properties are all affected by Exception [295], which permits a hotel as an additional use. Column V – Provisions of Exception [295] were improperly drafted when By-law 2008-250 was adopted and requires revision.	Amend Section 239 of By-law 2008-250, Exception [295]. Delete the text under Column V – Provisions.
3. 955 Dairy Drive Ward 1	This property is zoned IL[295] H(21) – h. The holding provision pertains to a hotel being permitted subject to an approved site plan control application. As site plan control would now be required to build a hotel regardless of the holding provision, it is recommended that the provision be removed from the By-law in order to provide greater clarity.	Amend the Zoning Map of By-law 2008-250 to rezone the lands shown in Document 2 by removing the ‘h’ symbol from the zoning code applying to the property known as 955 Dairy Drive. Amend Section 239 of By-law 2008-250, Exception [295]. Under Column II – Applicable Zones, remove the ‘h’ symbol from the zone code that reads IL[295] H(21) –h so that the new code reads: IL[295] H(21)
4. 400 and 1565 Maple Grove Road 201 and 700 Silver Seven Road 301, 333, 350 to 610 and 1625 Palladium Drive Ward 23	These properties are zoned IL5[306] H(30). Exception [306] specifically prohibits a recreational and athletic facility. A recreational establishment was permitted as-of-right in the former Kanata zoning of these lands, and there currently exists a large recreational and athletic facilty on the lands covered by Exception [306]. An error occurred when Exception [306] was drafted, as a recreational and athletic facility is no longer listed as a permitted use, thereby rendering the existing facility legal non-conforming. Furthermore, ‘personal service business’ is listed as a prohibited use in both the exception and the parent IL5 zone, thereby making its inclusion in the exception redundant. Therefore, it is recommended that a recreational and athletic facility be reintroduced as a permitted use and personal service business be deleted as a prohibited use in Exception [306].	Amend Section 239 of By-law 2008-250, Exception [306]. Move recreational and athletic facility from Column IV to Column III so that it is a permitted, rather than prohibited land use. Under Column IV – Land Uses Prohibited, delete: -personal service business
5. 626 Prado Private Ward 9	This property is zoned R5A[1250]. Exception [1250] is derived from the former Nepean R7 Blk 14 zone, which recognized a retirement home as a permitted use. An error occured when Exception [1250] was drafted, as a retirement home is no longer listed as a permitted use. Therefore, it is recommended that a retirement home be added as a permitted use in Exception [1250].	Amend Section 239 of By-law 2008-250, Exception [1250]. Under Column IV – Land Uses Prohibited, add to the list of ‘only dwelling types permitted’: -retirement home.
Location Maps (attached)
1450 Duford Drive
955 Dairy drive

Item

Objective of Amendment

Proposed Amendment

Zoning Map Corrections

1. 1450 Duford Drive

Ward 1

The former Cumberland Zoning By-law 1-84 zoned these lands as Institutional and permitted day cares. There is an inadvertent mapping line that cuts off this site from the I1B (Minor Institutional) zone that replaced the former IS (Institutional School). The I1B zoning should cross the street to include this site. Instead, the zoning line places the school in the R1HH Zone which prohibits institutional uses.

Amend Part 18, Zoning Maps, to rezone the lands shown in Document 2 from R1HH to I1B.

Zoning Map and Text Corrections

2. 855 to 881 Taylor Creek

955 Dairy Drive

Ward 1

401 March Road

Ward 4

The properties are all affected by Exception [295], which permits a hotel as an additional use.

Column V – Provisions of Exception [295] were improperly drafted when By-law 2008-250 was adopted and requires revision.

Amend Section 239 of By-law 2008-250, Exception [295].

Delete the text under Column V – Provisions.

3. 955 Dairy Drive

Ward 1

This property is zoned IL[295] H(21) – h.

The holding provision pertains to a hotel being permitted subject to an approved site plan control application.

As site plan control would now be required to build a hotel regardless of the holding provision, it is recommended that the provision be removed from the By-law in order to provide greater clarity.

Amend the Zoning Map of By-law 2008-250 to rezone the lands shown in Document 2 by removing the ‘h’ symbol from the zoning code applying to the property known as 955 Dairy Drive.

Amend Section 239 of By-law 2008-250, Exception [295].

Under Column II – Applicable Zones, remove the ‘h’ symbol from the zone code that reads IL[295] H(21) –h so that the new code reads:

IL[295] H(21)

4. 400 and 1565 Maple Grove Road

201 and 700 Silver Seven Road

301, 333,

350 to 610 and 1625 Palladium Drive

Ward 23

These properties are zoned IL5[306] H(30). Exception [306] specifically prohibits a recreational and athletic facility.

A recreational establishment was permitted as-of-right in the former Kanata zoning of these lands, and there currently exists a large recreational and athletic facilty on the lands covered by Exception [306].

An error occurred when Exception [306] was drafted, as a recreational and athletic facility is no longer listed as a permitted use, thereby rendering the existing facility legal non-conforming.

Furthermore, ‘personal service business’ is listed as a prohibited use in both the exception and the parent IL5 zone, thereby making its inclusion in the exception redundant.

Therefore, it is recommended that a recreational and athletic facility be reintroduced as a permitted use and personal service business be deleted as a prohibited use in Exception [306].

Amend Section 239 of By-law 2008-250, Exception [306].

Move recreational and athletic facility from Column IV to Column III so that it is a permitted, rather than prohibited land use.

Under Column IV – Land Uses Prohibited, delete:

-personal service business

5. 626 Prado Private

Ward 9

This property is zoned R5A[1250].

Exception [1250] is derived from the former Nepean R7 Blk 14 zone, which recognized a retirement home as a permitted use. An error occured when Exception [1250] was drafted, as a retirement home is no longer listed as a permitted use.

Therefore, it is recommended that a retirement home be added as a permitted use in Exception [1250].

Amend Section 239 of By-law 2008-250, Exception [1250].

Under Column IV – Land Uses Prohibited, add to the list of ‘only dwelling types permitted’:

-retirement home.

Location Maps (attached)

1450 Duford Drive

955 Dairy drive

LIST OF SITE-SPECIFIC LOCATION MAPS DOCUMENT 2

Dairy955.tif

Report to/Rapport au :

SUBJECT:

OBJET :

REPORT RECOMMENDATION

RECOMMANDATION DU RAPPORT

BACKGROUND

DISCUSSION

LEGAL IMPLICATIONS

FINANCIAL IMPLICATIONS

SUPPORTING DOCUMENTATION

DISPOSITION