2.         COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - FIRST QUARTER 2012

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250: ANOMALIES ET CORRECTIONS MINEURES – PREMIER TRIMESTRE DE 2012

 

 

 

AGRICULTURE AND RURAL AFFAIRS Committee Recommendation

 

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

 

 

planning Committee recommendation

 

That Council approve the amendments recommended in Column III of Documents 1 and 3 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 préconisées dans la Colonne III des documents 2 et 3 afin de corriger des anomalies dans le Règlement de zonage 2008-250.

 

 

Recommandation DU Comité de l’urbanisme

 

Que le Conseil approuve les modifications préconisées dans la Colonne III des documents 1 et 3 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 22 December 2011 (ACS2012-ICS-PGM-0022).

 

 


Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des affaires rurales

 

and

 

Planning Committee

Comité de l'urbanisme

 

and Council / et au Conseil

 

22 December 2011/ le 22 décembre 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°: ACS2012-ICS-PGM-0022

 

 

 

SUBJECT:

COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - FIRST QUARTER 2012

 

 

OBJET :

Règlement de zonage général 2008-250 : anomalies et corrections mineures – premier trimestre de 2012

 

 

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 préconisées dans la Colonne III des documents 1 et 3 afin de corriger des anomalies 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 préconisées dans la Colonne III des documents 2 et 3 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

 

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 this report.

 

RISK MANAGEMENT IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

There are no financial implications.

 

ACCESSIBILITY IMPACT

 

N/A

 

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

Objective of Amendment

Proposed Amendment

Zoning Map and Text Corrections

1. 471 Terry Fox Drive

 

Ward 4

This property is zoned LC7[411].

 

Exception [411] permits an Automobile Service Station and other associated uses under a maximum cumulative cap of 300m2 in area.  The ‘restaurant, take out’ use falls under this 300m2 cap restriction.

 

An error occured when Exception [411] was drafted, as a restaurant, take-out was a permitted use without the 300m2 cap in the former Kanata Zoning By-law 167-93, and is currently a permitted use in the LC7 sub-zone.   Therefore it is recommended that the reference to “restaurant, take-out” be deleted from Exception [411].

 

Amend Section 239 of By-law 2008-250, Exception [411]. 

 

Under Column V – Provisions, delete the words “and a restaurant, take-out” from the first and fourth bullet point so that they read, respectively:

 

-the total cumulative gross leasable floor area for the additional uses and a convenience store must not exceed 300 m2

 

- additional uses and a convenience store: 4,000 m2

2. 899 Clyde Avenue

 

Ward 16

This property is zoned IL[277] H(22)-h.

 

An error was made when neighbouring properties were rezoned through By-law 2011-19, leaving the strip of land shown in Document 4 zoned IL[277] H(22)-h.  This property should have been rezoned O1P.

Amend the Zoning Map for By-law 2008-250 for the property shown in Document 4.

 

Delete the zone code IL[277] H(22)-h and replace with O1P.

3. 2499 and 2500 Palladium Drive

 

211 and 225 Huntmar Drive

 

Ward 6

These properties are zoned General Mixed-Use – GM22 H(12).

 

The former West Carleton Zoning By-law contained provisions for the location of parking and display of vehicles within the Palladium Auto Park.  These provisions were not completely carried forward to By-law 2008-250.

 

In order to more accurately carry forward the provisions of the former zoning by-law and enable a consistent design approach throughout the Auto Park, it is recommended that Section 188, Table 188E be amended to permit 25% of a landscaped buffer abutting a street to be used for the display of vehicles up to 1.5 m to the street, and for the remainder of parking to be located no closer than 6.0 m to the street.

 

Amend Section 188 of By-law 2008-250, Table 188E.

 

Under column II, row (c) add the words “, except in the case of a parking space, which may be located no closer than 6.0 m to any public street” so that the whole provision reads:

 

-9.0 m, except in the case of a parking space, which may be located no closer than 6.0 m to any public street

 

Add a new row (j).

 

Under column I, row (j) add the words

 

-Parking space location

 

Under column II, row (j) add the words:

 

-Despite (i) above and Section 110, Table 110(a), Location of Landscaped Buffer abutting a street, each dealership may use up to 25% of its frontage for display of vehicles which may be located no closer than 1.5 metres to any public street, provided the balance of the frontage is landscaped

4. Section 192 – Mixed-Use Centre Subzones

The Mixed-Use Centre – MC13 Subzone is no longer in use; therefore, it is recommended that it be deleted.

Amend Subsection 192 (13) of By-law 2008-250 by deleting the text in its entirety and replacing it with the following:

 

-Reserved for Future Use

5. Bradley East Subdivision

 

Ward 2

The properties shown in Document 4 are zoned, in part, O1 – Parks and Open Space.

 

Subsequent to Council approval of Zoning By-law Amendment D02-02-11-0013 in July 2011, it has been determined that the easterly portion of the O1 zone is not correctly aligned with the abutting properties that are proposed as part of Plan of Subdivision application D07-02-11-0002.  In order for the zoning boundary to more precisely follow the proposed property lines, it is recommended that the portion of land shown in Document 4 be rezoned from O1 to Residential Third Density – R3VV[1860].

 

Amend the Zoning Map of By-law 2008-250 to rezone the properties shown in Document 4 from O1 to R3VV[1860].

 

6. Section 240, Exception [720]

 

Ward 6

Exception [720] applies to multiple properties on and in the vicinity of Westridge Drive in Stittsville.

 

Exception [720] is derived from the former Goulbourn R1-5 zone, which established a minimum front yard setback of 4.5 m to 6.0 m for interior lots and 6.0 m for corner lots.  There was no maximum front yard setback in the R1-5 zone.

 

Exception [720] erroneously established a maximum front yard setback of 6.0 m for all lots, except those that are pie-shaped.  Furthermore, the 4.5 m minimum front and corner side yard setback provisions in the Exception are redundant, as they are already defined as such in the parent R1Q zone.

 

Therefore it is recommended that Exception [720] be amended in order to delete the redundant and maximum setback provisions and re-establish the previous 6.0 m front yard setback for a corner lot.

Amend Section 240 of By-law 2008-250, Exception [720].

 

Under Column V – Provisions, delete the two provisions that read:

 

-minimum front and corner side yard setbacks 4.5 metres, and:

 

-maximum front yard setback 6.0 m, except in the case of pie-shaped lots.

 

Replace with:

 

-minimum front yard setback for a corner lot is 6.0 metres.

 

7. West of Greenbank Road to Grand Canal Street, north of Cambrian Road, and north and south of River Run Avenue

 

Ward 3

 

There is an error in the zone code for the areas identified in Document 4.

 

The current zone code reads OS1, which does not exist in By-law 2008-250.  The correct code is O1, which reflects the intended use of these lands as parks.

Amend the Zoning Map for By-law 2008-250 for the properties shown in Document 4.

 

Delete the zone code OS1 and replace with O1.

 


LIST OF ANOMALIES AND MODIFICATIONS TO ZONING BY-LAW 2008-250 FOR THE CONSIDERATION OF THE AGRICULTURAL AND RURAL AFFAIRS COMMITTEE                                                                                                                                   DOCUMENT 2

 

Item

Objective of Amendment

Proposed Amendment

Zoning Map and Text Corrections

1. 1500 Thomas Argue Road

 

Ward 5

The properties identified on Document 4 are all zoned Air Transportation Facility Zone- T1B[356r] and form part of an approved draft plan of subdivision.

 

At the time the subdivision and relevant zoning were approved, an error was made which incorrectly assigned the wrong Rural Exception to these properties.

 

Therefore it is recommended that the properties be rezoned so as to allow the appropriate development standards to apply.

 

Amend the Zoning Map of By-law 2008-250.

 

Rezone the properties identified in Document 4 from T1B[356r] to T1B[357r].

2. 1570 Roger Stevens Drive

 

Ward 21

This property is bisected by Village First Density Residential and Development Reserve zones – V1P and DR1.  The portion that is zoned DR1 is landlocked and surrounded by property zoned V1P.

 

As this portion of the lot is landlocked, and therefore development as a seperate lot is not possible, it is recommended that this portion is rezoned from DR1 to V1P to bring it into conformity with the balance of the lot.

Amend the Zoning Map for By-law 2008-250.

 

Rezone the portion of the property located at 1570 Roger Stevens Drive from DR1 to V1P, as shown in Document 4.

3. Multiple Properties in North Gower

 

Ward 21

When By-law 2008-250 was introduced, properties zoned R and RV under former Rideau By-law 2004-428 were rezoned to V1G – Village Residential First Density.

 

The V1G zone is representative of the provisions of the former Rideau’s R zone and has a front and a corner side yard setback requirement of 13.5 metres.  However, the former RV zone only had a front and corner side yard setback of 6.0 metres.  Therefore the effect of including these properties in the V1G zone has been to render them legally non-complying.

 

Where there was an exception in place to the RV zone, that exception has been recognized through an appropriate exception to the V1G zone in By-law 2008-250.

 

In order to remedy this situation, it is recommended that those properties that were zoned RV (no exception) be rezoned V1G[xxxr] to recognize the existing minimum 6.0 metre front and corner side yard setbacks.

 

Amend the Zoning Map of By-law 2008-250 to rezone those properties shown in Document 4 from V1G to V1G[xxxr].

 

Amend Section 240 of By-law 2008-250 to add Exception [xxxr].  Under Column II – Applicable Zone, add:

 

V1G[xxxr]

 

Under Column V – Provisions add:

 

-minimum front and corner side yard setbacks of 6.0 metres.

4. 347 Donald B. Munro Drive

 

134 and 143 Salisbury Street

 

Ward 5

These properties are zoned Village Residential Second Density – V2E.

 

The Community Design Plan for the Village of Carp designates these lands “Residential - Ground Oriented Multi-Unit”, which permits a range of residential uses including detached, semi-detached, duplex, and ground-oriented multi-unit dwellings.  The V2E permits detached, semi-detached, duplex dwellings, and other uses.

 

When By-law 2008-250 was introduced, some of the lands zoned R1 under the former West Carleton By-law 65/94 were designated V3B, in keeping with the policies of the Community Design Plan.  The subject properties were erroneously designated V2E, which does not fully implement the land use designation in the Community Design Plan.

 

In order to fully implement the Community Design Plan for the Village of Carp as recommended by Council, it is recommended that the properties shown in Document 4 be rezoned V3B.

 

Amend the Zoning Map of By-law 2008-250 to rezone the properties shown in Document 4 from V2E to V3B.

 

5. 2123 Devine Road

 

Ward 19

This property is zoned Village Residential First Density – V1D[575r]-h.

 

In 2008 the holding provision was lifted from this property with the approval of Lifting of Holding Zone file no. D07-07-06-0006.  However, when By-law 2008-250 was introduced the Zoning Map did not reflect this approval.  In order to implement the approved zoning, it is recommended that Zoning Map be amended by lifted the holding symbol from the subject property.

 

Amend the Zoning Map of By-law 2008-250 to rezone the properties shown in Document 4 from V1D[575r]-h to V1D[575r].

 


 

6. 7765 Snake Island Road

 

Ward 20

This property is zoned Rural Countryside – RU.

 

The property was zoned Highway Commercial – C2 in the former Osgoode Zoning By-law. With the introduction of By-law 2008-250 adjacent properties were zoned RC1 – Rural Commercial but the subject property did not maintain its Commercial zoning. In order to carry forward the regulations of the former Osgoode Zoning By-law it is recommended that the property be rezoned Rural Commercial – RC1.

 

Amend the Zoning Map of By-law 2008-250 to rezone the properties shown in Document 4 from RU to RC1.

 

7. 6646, 6660, 6668, 6672, 6674, and 6720 Fourth Line Road

 

2340, 2344, and 2348 Church Street

 

6652, 6654, 6656, and 6658 Carolin Court

 

2104 Roger Stevens Drive

 

2124 Trailwood Drive

 

6630 Third Line Road

 

Ward 21

 

The Flood Plain Hazard Overlay shown on the Zoning Map reflects the Stevens Creek flood plain as defined by the Rideau Valley Conservation Authority.

 

Inaccuracies have been found in the City’s Flood Plain Hazard Overlay, as it does not match the Conservation Authority’s flood plain mapping in certain areas.  It is recommended that the City’s Zoning Map be amended accordingly.

 

Amend the Zoning Map of By-law 2008-250 to show the new boundaries of the Flood Plain Hazard Overlay for the maps shown in Document 4.

 

8. 5873 Perth Road

 

Ward 21

 

The current Flood Plain Hazard Overlay zoning on this site is based on the flood plain mapping of the Jock River prepared by the Rideau Valley Conservation Authority (RVCA).  In February 2010, an application was submitted to the RVCA for approval to undertake a balanced cut and fill on the site. This application (RV5-27/10T) was approved in January 2011 and the work was undertaken thereafter.

 

 

 

Since the completion of the work a survey has been submitted and the new grades have shown this area of the property to be above the 1:100 year flood plain of Flowing Creek. The RVCA has revised its mapping of the subject property to remove it from the flood plain designation.  It is recommended that the City’s Zoning Map be amended accordingly.

 

Amend the Zoning Map of By-law 2008-250 to show the new boundaries of the Flood Plain Hazard Overlay for the map shown in Document 4.

 


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 3

 

Item

Objective of Amendment

Proposed Amendment

Zoning Map and Text Corrections

1. Section 131 – Planned Unit Development

 

 

City-wide

Table 131 of Section 131 requires amending to provide greater clarity.

Amend Section 131 of By-law 2008-250, Table 131.

 

Under column I, row 3, add the words “from a private way” so that the whole provision reads:

 

-Minimum setback for any garage or carport entrance from a private way

 

2. Section 133 – Secondary Dwelling Units

 

 

City-wide

The intent of Subsection 133 (12), in part, is to ensure that no new driveway be created, except in the case of corner lots, as per the City of Ottawa Private Approach By-law, and in particular, that there could be one driveway per street frontage.  Without the proviso of one per street, two driveways have been created along the same frontage, which is not in keeping with the character of neighbouring lots. 

 

It is recommended that the wording of Section 122 (7) that deals with the same issue be applied to Section 133 (12) to clarify the intent of one driveway per street frontage.

 

Amend Subsection 133 (12) to add the following wording at the end of the sentence, so that the provision will read:

 

“The principal and secondary dwelling units must share the parking area and yards provided for the principal dwelling unit, and no new driveway may be created, except in the case of corner lots, where such new driveway may only be created in the yard that did not contain a driveway prior to the conversion.”

 

 


LIST OF SITE-SPECIFIC LOCATION MAPS                                                  DOCUMENT 4

 

Location Maps (attached)

899 Clyde Avenue

Bradley East Subdivision

 

Areas to be rezoned from OS1 to O1

 

1500 Thomas Argue Road

1570 Roger Stevens Drive

 

Multiple Properties In North Gower

 

347 Donald B. Munro Drive, 134 and 143 Salisbury Street

 

2123 Devine Road

 

7765 Snake Island Road

 

Multiple Addresses on Fourth Line Road, Church Street, and Carolin Court

 

2104 Roger Stevens Drive, 2124 Trailwood Drive, 6630 Third Line Road

 

5873 Perth Road

 

 

 



 


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