Quarter 2 - 2021 Amendment
FILE # D02-02-22-0002
Proposals
The Omnibus Zoning report will recommend amendments to modify the intent of certain provisions and to correct minor errors in the Zoning By-law. These amendments have been combined in an Omnibus Zoning report as a means of efficiently modifying the By-law. Additional items to correct errors in the Zoning By-law may be added on a priority basis. The following amendments to the Zoning By-law are proposed:
Amendments affecting the urban area:
Section 55 Table 55 access points to rooftop terraces
Table 55(8)(d) and (e) regulate the height of access points to rooftop terraces. This section’s intent was to only apply to access points that exceed the allowable height limit, any other area would be considered part of the building envelope. Language to be clarified to reflect this.
Section 55 Table 55 Setbacks for Rooftop patios
Table 55(8)(a) and 55(8)(b) requires rooftop patios located on the top upper-most floor of a building that exceed 25% of the floor area of that floor to be stepped back. For rooftop patios below the uppermost floor of a building, the stepback should also apply where such patios exceed 25% of that floor.
Section 142 Coach House setbacks for through lots
Section 142 does not have provisions that apply to through lots or corner lots. Setbacks generally intended to provide privacy where lot is facing another residential property unless separated by a travelled lane. For through lots and corner lots, a 1.2 metre setback can be permitted where it does not abut a residential zone, and abuts a public street.
Section 144 – Corner Lot Rear Yard
Table 156B, Endnote 5 refers to Section 144, with the intention that the rules of the underlying zone apply as if the property was not in Schedule 342. The reference is unclear and needs to be amended, as currently the reference does not provide a clear regulation.
Tables 144A and 144B – Titles incorrect
Tables 144A and 144B specify the required rear yard setback relative to the front yard requirements. These tables refer to the minimum required front yard, not the provided yard, and need to be clarified to reflect that to be consistent with 144(3)(a)(i) and 144(3)(a)(ii).
Section 146 Westboro Development Overlay – H Suffix
Section 146(6) provides for different building height permissions based on what is allowed in the underlying zone. This wording in S.146(6) did not take into account circumstances where there is a height suffix overriding the underling zone. Wording to be clarified that the applicable height is either from the underlying zone or the height suffix, whichever is the greater.
Section 155 R1 Table Endnote Correction
Subzones R1J, L, M, N, NN, Q, R, S, T, U, X list Endnote 6 in Column VII when it should read Endnote 7.
Section 156 Table 156A Height Correction
In Table 156A of zone R1B, in Column IV replace “8.5” with “Within Schedule 342: 8.5; in all other cases, 11.”
R1O Rear Yard Setback
An omission occurred where in certain instances a rear yard measurement is missing.
R1 Table – Endnote 4 applicability
Endnote 4 in the table intended to apply to any subzone where a lot is at least 36 metres wide. Endnote 4 to be added as a reference to all applicable subzones within Area A on Schedule 342.
Section 191. MC1 and MC4 no longer apply
No lands within the City of Ottawa are zoned as MC1 or MC4. These subzones are to be deleted.
Exception 1768 to be deleted
Exception 1768 only applied to 2865 Riverside Drive and was to be replaced with “reserved for future use” when those lands were rezoned to R5A[2753] H(24) by by-law 2021-363.
Section 19 – Interpretations Section for H suffix
Section 19 clarifies that the H suffix, when applied to a property, specifies the height, overriding the height requirement of the underlying zone. This is not intended to override any stepback and transition requirements, and must be clarified.
928 Gladstone Avenue
An error occurred in the consolidation of former zoning by-laws into Zoning By-law No. 2008-250. In this case, the current zoning does not allow certain uses on the ground floor, but the previous zoning did not have such restrictions and should not have applied to this property.
6301 Campeau Drive
Technical amendments are necessary as a result of a right of way not being taken at this moment and a small projection above grade into the rear yard. While the designs of the building shown in report ACS2021-PIE-PS-0106 are not changing, how the setbacks are applied would change based on whether it abuts a street or not. A street is still planned, but will be built at a later time.
Amendments affecting the rural area:
Exception 151r reference to RG3 Lands is incorrect.
Column II of Exception 151r indicates that it applies to RG3[151r] and RG3[151r]-h, but there are no lands zoned RG3 with this exception. Delete reference to RG.
Grey Stone Estate / Plan Number 4M-672
Lots in the Grey Stone Estate were split-zoned RR2 and RR3 when carried forward into Zoning By-law 2008-250. This was an error, as these lots should have been zoned RR2 to carry forward the zoning from the predecessor by-law, which had been RCL-21.
8240 Fernbank Road to implement OPA 94
A portion of the lands known as 8240 Fernbank Road should be zoned ME2.
Approval Timelines and Authority
A Zoning By-law amendment report is expected to go to Planning Committee, Agriculture and Rural Affairs Committee, and City Council in the April of 2022.
How to comment on these proposals
The City of Ottawa would like to receive any comments concerning this proposal. Please forward comments to the undersigned planner via mail, telephone, facsimile or e-mail by March 21, 2022. Comments received will be considered in the evaluation of the proposal.
Stay Informed and Involved
Register for future notifications about this application and provide your comments either by faxing or mailing the notification sign-up form in this package or by e-mailing me and adding File No. D02-02-22-0002 in the subject line.
If you wish to be notified of the decision of Council on the proposed zoning by-law, you must make a written request to me. My contact information is below. Should you have any questions, please contact me.
Email: Mitchell.LeSage@ottawa.ca
Regular mail: Mitchell LeSage
2022 Q2 Omnibus Zoning Amendment
City Hall
110 Laurier Avenue West, 4th Floor
Mail Code 01-15
K1P 1J1
613-580-2424, ext. 13902
Submission requirements
If a person or public body does not make oral submissions at a public meeting (meeting date, time and location to be determined) or make written submissions to the City of Ottawa before the proposed by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the City of Ottawa to the Ontario Land Tribunal.
If a person or public body does not make oral submissions at a public meeting (meeting date, time and location to be determined) or make written submissions to the City of Ottawa before the proposed by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.