1 COMITÉ DE L URBANISME 1. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS, Q1-2015 RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES T1-2015 AGRICULTURE AND RURAL AFFAIRS COMMITTEE RECOMMENDATION That Council approve amendments to Zoning By-law 2008-250, as illustrated and detailed in Documents 1 and 2. PLANNING COMMITTEE RECOMMENDATION That Council approve amendments to Zoning By-law 2008-250 to correct errors in the zoning affecting a number of properties as illustrated and detailed in Documents 1 and 3. RECOMMANDATION DU COMITÉ DE L AGRICULTURE ET DES AFFAIRES RURALES Que le Conseil approuve les modifications au Règlement de zonage 2008-250, comme il est illustré et détaillé dans les Documents 1 et 2. RECOMMANDATION DU COMITÉ DE L URBANISME Que le Conseil approuve des modifications au Règlement de zonage 2008-250, afin de corriger des erreurs dans le zonage touchant quelques propriétés, comme il est illustré et détaillé dans les Documents 1 et 3. DOCUMENTATION / DOCUMENTATION 1. Deputy City Manager's report, Planning and Infrastructure, dated 5 (ARAC) and 10 (PC) February 2015 (ACS2015-PAI-PGM-0019). Rapport de la directrice municipal adjointe, Urbanisme et infrastructure, daté le 5 (CAAR) et 10 (CU) février 2015 (ACS2015-PAI-PGM-0019).
2 COMITÉ DE L URBANISME Rapport au: Agriculture and Rural Affairs Committee / Comité de l'agriculture et des affaires rurales February 5, 2015 / 5 février 2015 Planning Committee / Comité de l'urbanisme February 10, 2015 / 10 février 2015 and Council / et au Conseil February 11, 2015 / 25 février 2015 Submitted by Soumis par: Nancy Schepers, Deputy City Manager / Directrice municipale adjointe, Planning and Infrastructure / Urbanisme et Infrastructure Contact Person Personne ressource: Lee Ann Snedden, Manager / Gestionnaire, Policy Development and Urban Design / Élaboration de la politique et conception urbaine, Planning and Growth Management / Urbanisme et Gestion de la croissance (613) 580-2424, 25779, Leeann.Snedden@ottawa.ca Wards: ORLÉANS (1): BARRHAVEN (3) WEST CARLETON-MARCH (5) BAY (7) / BAIE (7) COLLEGE (8) / COLLÈGE (8) KNOXDALE-MERIVALE (9) GLOUCESTER-SOUTHGATE (10) BEACON HILL-CYRVILLE (11) RIDEAU-VANIER (12) RIDEAU- ROCKCLIFFE (13) SOMERSET (14) KITCHISSIPPI (15) RIVER (16) / RIVIÈRE (16) CAPITAL (17) / CAPITALE (17) ALTA VISTA (18) RIDEAU-GOULBOURN (21) GLOUCESTER-SOUTH NEPEAN (22) / GLOUCESTER-NEPEAN SUD (22) File Number: ACS2015-PAI-PGM-0019
3 COMITÉ DE L URBANISME SUBJECT: Comprehensive Zoning By-law 2008-250: Anomalies and Minor Corrections, Q1-2015 OBJET: Règlement de zonage 2008-250 : anomalies et corrections mineures T-1 2015 REPORT RECOMMENDATIONS That the Agriculture and Rural Affairs Committee recommend Council approve amendments to Zoning By-law 2008-250, as illustrated and detailed in Documents 1 and 2; That Planning Committee recommend Council approve amendments to Zoning By-law 2008-250 to correct errors in the zoning affecting a number of properties as illustrated and detailed in Documents 1 and 3. RECOMMANDATIONS DU RAPPORT Que le Comité de l agriculture et des affaires rurales recommande au Conseil d approuver les modifications au Règlement de zonage 2008-250, comme il est illustré et détaillé dans les Documents 1 et 2; Que le Comité de l'urbanisme recommande au Conseil d approuver des modifications au Règlement de zonage 2008-250, afin de corriger des erreurs dans le zonage touchant quelques propriétés, comme il est illustré et détaillé dans les Documents 1 et 3. BACKGROUND On June 25, 2008 Council adopted comprehensive Zoning By-law 2008-250. Staff has been monitoring the Zoning By-law since its adoption and, from time to time, has identified minor oversights and errors or anomalies and recommended to Committee and Council that they be corrected by way of technical amendments. Official Plan Section 5.2.3, Policy 3 identifies those anomalies which may be corrected by way of such technical amendments. The criteria for such amendments are: a. where further amendments are required to fully implement an approved recommendation of City Council to amend the Official Plan or Zoning By-law;
4 COMITÉ DE L URBANISME b. to carry forward in the Zoning By-law, the regulations of the former municipalities zoning by-laws, where required, to accurately harmonize those regulations; c. to amend the language of a provision so as to clarify its intent; and, d. to eliminate unnecessary redundancies and out dated references. Consistent with the above policy, each of the anomalies addressed in this report are considered to be technical amendments. Their resolution is intended to better implement the intents of the Comprehensive Zoning By-law and previous approvals of Council. DISCUSSION This report recommends a series of technical amendments to correct a number of anomalies in the urban and rural areas of the city. The recommended technical amendments, discussed below, are intended to correct mapping errors, typographical errors and minor drafting errors in the Zoning By-law. Items for review by the Planning Committee are summarized in the table below. Zoning key maps are included for reference in Document 1. Zoning details are included for reference in Document 3. Amendments for review by Planning Committee I) Item and Location II) Why the amendment is needed Item 1 3400, 3428 Woodroffe Avenue Ward 22 The site was zoned R3A BLK 3 under the former Nepean Zoning By-law 100-2000 but was incorrectly zoned R1FF [636] under Zoning By-law 2008-250. As a consequence, the draft approved subdivision has lot sizes that do not comply with current zoning provisions. An amendment is needed therefore to amend provisions in the by-law to allow the previously approved subdivision to go forward. Item 2 When these lands were rezoned for development as part of the Train Yards Centre the intent of the maximum front and corner side yard setback provision was to ensure that buildings exert a strong presence on Industrial Avenue,
5 COMITÉ DE L URBANISME 820 Belfast Road, 165 Trainyards Drive, 450, 500, 535, 585 Terminal Avenue, 605 Industrial Avenue Ward 18 Item 3 Part of 15 Colonnade Road Ward 9 Item 4 MD - Mixed Use Downtown Zone Provisions Central Wards Belfast Road and Trainyards Drive. It was not intended that the development of buildings within the interior of these lands be prohibited by requiring that all buildings comply with this maximum setback. Only those buildings abutting these three streets were intended to be subject to this provision. It is therefore recommended that this provision, which applies to lands zoned with Exceptions 1387, 1980 and 2160 be amended to clarify its application. An oversight in a 2014 by-law removed the provisions for lifting the holding symbol from urban exception 1690 but the holding symbol (-h) continues to apply to 15 Colonnade Road. An amendment is needed to add a new exception to the by-law to reinstate the provisions for lifting the holding symbol for 15 Colonnade Road using the provisions as previously approved by Council. The Mixed-Use Downtown Zone (MD), a mixed use zone in the central area, allows for a Rooming House as a permitted use. A Rooming Unit is not listed as a permitted use. A Rooming House, by definition under the by-law occupies the whole of a residential use building. The MD zone however requires that at least 50 per cent of the main floor in a building must be one (or more) certain non-residential uses. If 50 per cent or more of the main floor is a nonresidential use the building is not considered to be a residential use building under the by-law. It is not possible therefore to construct a rooming house within the MD zone. An amendment is needed to remove reference to a Rooming House in the MD zone and replace it with Rooming Unit so that mixed use buildings with rooming units may be constructed or converted while still requiring
6 COMITÉ DE L URBANISME 50 per cent or more non residential uses on the main floor. Item 5 3525 River Run Avenue Ward 3 Item 6 Unaddressed parcel west of 1100 Regional Road 174 and part of 1100 Regional Road 174 Ward 1 By-law 2010-307 amended the former Nepean Zoning By-law to a number of zones for a residential subdivision. The by-law applied the incorrect institutional subzone for Area B. An amendment is recommended to apply the I1A subzone to these lands. The I1A subzone will allow for development of community facilities when and as required. A mapping error occurred resulting in the unaddressed parcel west of 1100 Regional Road 174 being zoned O1P Hydro Corridor subzone. The subject lands are not owned by a utility and should have been zoned IG [1574] H(21)-h. An amendment is needed to rezone the unaddressed parcel west of 1100 Regional Road 174 from O1P to IG [1574] H(21)-h, as shown in Document 1. Further, exception provisions associated with a holding symbol were omitted from the zoning for the portion of the lot zoned IG H(21)-h, located at 1100 Regional Road 174. Exception [1574] should have been applied to these lands. This exception permits a hotel, subject to the holding symbol being lifted. An amendment is needed to rezone part of 1100 Regional Road 174 from IG H(21)-h to IG [1574] H(21)-h, as shown in Document 1. Items for review by the Agriculture and Rural Affairs Committee are summarized in the table below. Zoning key maps are included for reference in Document 1. Zoning details are included for reference in Document 2 Amendments for review by the Agriculture and Rural Affairs Committee I) Item and Location II) Why the amendment is needed Item 1 Part of 1575 This property was rezoned in June 2014 from Rural Commercial, Subzone 5, Exception 227r, Schedule 11R, Holding (RC5[227r] S11R-h) to Rural Commercial, Subzone 4 (RC4). Through an oversight, the rezoning
7 COMITÉ DE L URBANISME Diamondview Road Ward 5 location map in planning report (ACS2014-PAI-PGM-0148) incorrectly omitted another portion of the property from the rezoning. In addition, the implementing by-law omitted reference to the property on Schedule 11r. An amendment is needed to amend the zoning map in the By-law to rezone this area, as illustrated in Document 1 consistent with the intent of Committee and Council. An amendment is also required to remove reference to the property on schedule 11r of the by-law. Item 2 5906 Fernbank Road Ward 21 Item 3 104 and 110 Falldown Lane (Carp) Ward 5 In November 2001, By-law 2001-495 amended the former Goulbourn Zoning By-law 40/99 to rezone the subject lands from A1 Agriculture to I-Institutional. In 2008 when the Zoning By-law 2008-250 was approved, the Institutional zone was carried forward; however the area of land zoned I-Institutional was reduced, making it impossible for a Place of Worship to be constructed. An amendment is needed to reinstate the original boundaries of the Institutional zone approved through By-law 2001-495, as shown in Document 1. The Swan Restaurant, at 110 Falldown Lane in the Village of Carp was designated in 2000 under Part IV of the Ontario Heritage Act. During preparation of the heritage overlay for the zoning by-law the property at 104 Falldown Lane in Carp Village was incorrectly identified as the heritage property. An amendment is needed to the heritage overlay in the Zoning By-law to remove the heritage overlay from 104 Falldown Lane and to correctly identify the Swan Restaurant at 110 Falldown Lane as being subject to the heritage overlay.
8 COMITÉ DE L URBANISME RURAL IMPLICATIONS Rural implications are outlined in the detailed zoning to be considered by Agriculture and Rural Affairs Committee in Documents 1 and 2. CONSULTATION Notice of the public meeting for this report was provided in the EMCs and Le Droit in accordance with the alternative measures for public notification in Section 5.2.3 of the Official Plan. COMMENTS BY THE WARD COUNCILLORS The Ward Councillors are aware of the proposed amendments. LEGAL IMPLICATIONS There are no legal impediments to adopting the recommendation outlined in this report. RISK MANAGEMENT IMPLICATIONS There are no risk implications. FINANCIAL IMPLICATIONS There are no direct financial implications. ACCESSIBILITY IMPACTS There are no accessibility impacts associated with this report. TECHNOLOGY IMPLICATIONS Information Technology and Planning and Growth Management have agreed that for Land Use reports from Development Review Services and Policy Development and Urban Design Branches, there is no technology component. APPLICATION PROCESS TIMELINE STATUS This application was processed by the On Time Decision Date established for the processing of Zoning By-law amendment applications.
9 COMITÉ DE L URBANISME TERM OF COUNCIL PRIORITIES This project addresses the following Term of Council Priority: SE2 Improve Operational Performance. SUPPORTING DOCUMENTATION Document 1 Location Maps Document 2 Zoning Details to be considered only by Agriculture and Rural Affairs Committee Document 3 Zoning Details to be considered only by Planning Committee DISPOSITION Planning and Growth Management Department to prepare the implementing by-law for amendments to Zoning By-law 2008-250, forward to Legal Services for submission to City Council, and undertake the statutory notification for the amending by-law.
10 COMITÉ DE L URBANISME Document 1 Location Maps Maps for Consideration by the Agriculture and Rural Affairs Committee Attachment 1: 1575 Diamond View Road
11 COMITÉ DE L URBANISME Attachment 2: 1575 Diamondview - Schedule 11r
12 COMITÉ DE L URBANISME Attachment 3: 104 and 110 Falldown Lane
13 COMITÉ DE L URBANISME Attachment 4: 5906 Fernbank Road
14 COMITÉ DE L URBANISME For consideration by Planning Committee Attachment 5: 3400 and 3428 Woodroffe Avenue
15 COMITÉ DE L URBANISME Attachment 6: Part of 15 Colonnade Road
16 COMITÉ DE L URBANISME Attachment 7: 3525 River Run Avenue
17 COMITÉ DE L URBANISME Attachment 8: Unaddressed parcel west of 1100 Regional Road 174 and part of 1100 Regional Road 174
18 COMITÉ DE L URBANISME Document 2 Zoning Details for Consideration by the Agriculture and Rural Affairs Committee I Item II Zoning Details Item 1 Amend the Zoning Map of By-law 2008-250 to rezone the property from RC5[225r] S11R-h to RC4 as shown in Attachment 1 to Document 1 Part of 1575 Diamondview Road Amend Schedule 11R of the By-law to remove reference to the property as shown in Attachment 2 of Document 1 Ward 5 Item 2 104 and 110 Falldown Lane Ward 5 Amend the Heritage Overlay in By-law 2008-250 to remove the heritage overlay from 104 Falldown Lane as shown in Attachment 3 to Document 1 Amend the Heritage Overlay in By-law 2008-250 to add the heritage overlay to 110 Falldown Lane as shown in Attachment 3 to Document 1 Item 3 5906 Fernbank Road Amend the Zoning Map of By-law 2008-250 to rezone the property from RI7 to RI6 [xxxr] and from AG to RI6 [xxxr], as shown Attachment 4 in Document 1. Ward 21 Amend Section 240 Rural Exceptions by adding new exception [xxxr], Column V- Provisions of exception [xxxr] to read, -minimum lot area 2.3 hectares
19 COMITÉ DE L URBANISME Document 3 Zoning Details for Consideration by Planning Committee I Item Item 1 3400, 3428 Woodroffe Avenue Ward 22 II Zoning Details Amend the Zoning Map of By-law 2008-250 to rezone the properties from R1FF[636] to R1VV[636] as shown in Attachment 5 to Document 1. Amend urban exception 636 to add new provisions c and d which state: maximum building height is 8 metres maximum lot coverage is 50 per cent Item 2 820 Belfast Road, 165 Trainyards Drive, 450, 500, 535, 585 Terminal Avenue, 605 Industrial Avenue Ward 18 Amend urban exceptions 1387, 1980 and 2160 by replacing in Column V the text: - for any yard that abuts Trainyards Drive, Industrial Avenue or Belfast Road, a maximum setback of 4.5 m is permitted for a building and the yard provided must be landscaped with - where any part of a building is located within 10 metres of a lot line abutting Trainyards Drive, Industrial Avenue or Belfast Road, the maximum setback for that building from that lot line is 4.5 metres and the yard must be landscaped
20 COMITÉ DE L URBANISME I Item Item 3 Part of 15 Colonnade Road Ward 9 II Zoning Details Amend the Zoning Map of By-law 2008-250 to rezone the lands located at 15 Colonnade Road from AM [1690]-h to AM [xxxx]-h as shown in Attachment 6 of Document 1. Amend Section 239 by adding new exception [xxxx], Column V Provisions, to read as follows, -uses not permitted until the h symbol has been removed -the removal of the h symbol is conditional on: (i) the submission of a Transportation Impact Study (ii) an agreement between the City and the property owners regarding cost sharing and implementation of a schedule for the construction of road infrastructure improvements generated by the development of the lands as recommended by the Transportation Impact Study; and (iii) the submission and approval of a site plan. -minimum landscaped area: 10 per cent -in the case of a lot with a depth greater than 100m, a minimum landscaping strip of 9 metres must be provided along the Nepean Creek -the utility easement along Colonnade Road North may be used for calculating minimum lot frontage, lot area, lot coverage and front yard -minimum front yard setback: 6 metres
21 COMITÉ DE L URBANISME I Item Item 4 MD - Mixed Use Downtown Zone Provisions II Zoning Details Amend Zoning By-law 2008-250 Section 193(1) to: delete rooming house, converted from permitted uses in the MD zone; replace the words Rooming House with Rooming Unit in section 193(1). Central Wards Item 5 3525 River Run Avenue Ward 3 Amend the Zoning Map of By-law 2008-250 to rezone the lands located at 3525 River Run Avenue to I1A/R3YY[1627] as shown in Attachment 7 of Document 1. Item 6 Unaddressed parcel west of 1100 Regional Road 174 and part of 1100 Regional Road 174 Amend the Zoning Map of By-law 2008-250 to rezone the lands located at the unaddressed parcel west of 1100 Regional Road 174 to IG [1574] H(21)-h and rezone part of 1100 Regional Road 174 to IG [1574] H(21)-h, as shown in Attachment 8 of Document 1. Ward 1