PLANNING COMMITTEE REPORT JULY COMITÉ DE L URBANISME RAPPORT 34 LE 11 JUILLET ZONING 5306 AND 5358 FERNBANK ROAD

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150 COMITÉ DE L URBANISME 10. ZONING 5306 AND 5358 FERNBANK ROAD ZONAGE 5306 ET 5358, CHEMIN FERNBANK COMMITTEE RECOMMENDATION AS AMENDED That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 5306 and 5358 Fernbank Road from Business Park Industrial Subzone 9 (IP9) and Residential Third Density Subzone Z exception zone (R3Z[1007] to Residential Third Density Subzone Z (R3Z), Residential Third Density Subzone Z exception zone (R3Z[xxxx]), Residential Fourth Density Subzone Z (R4Z), Business Park Industrial Subzone 9 (exception zone IP9 [yyyy]) and Parks and Open Space Zone (O1) as shown in Document 1 and detailed in Document 2, and as amended by the following: 1. by replacing in bullet 5 on page 5 the text a floor space index of 0.3 with a minimum floor space index of 0.3 ; 2. by replacing under the heading Details of Proposed Zoning on page 6 within the paragraph which begins Area F the text to include a minimum Floor Space Index of 0.33 (IP9 F(0.3) with to include an exception specifying a minimum Floor Space Index of 0.3 (IP9[yyyy]) ; 3. by making the following changes to Document 2 Details of Recommended Zoning: a) replacing in Item 1(e) the text IP9 F (0.33) with O1 ; and, b) replacing in Item 1(f) the text "O1" with "IP9[YYYY]", c) adding as a new Item 3 the text: 3. Add a new exception, IP9[yyyy] to Section 239 Urban Exceptions with provisions similar in effect to the following: - Table 205(g) does not apply and the minimum Floor Space Index is 0.3 ; and, 4. by replacing the text Area F to be rezoned from IP9 to IP9 F(0.33) with Area F to be rezoned from IP9 to IP9[YYYY] in the legend of the Zoning Key Plan shown in Document 1. 5. And that no further notice be provided pursuant to Section 34(17) of the Planning Act.

151 COMITÉ DE L URBANISME RECOMMANDATION MODIFIÉE DU COMITÉ Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 5306 et 5358, chemin Fernbank de Zone de parc d affaires et industriel, sous-zone 9 (IP9) et Zone résidentielle de densité 3, sous-zone Z assortie d une exception (R3Z[1007]) à Zone résidentielle de densité 3, sous-zone Z (R3Z), Zone résidentielle de densité 3, sous-zone Z assortie d une exception (R3Z[xxxx]), Zone résidentielle de densité 4, sous-zone Z (R4Z), Zone de parc d affaires et industriel, sous-zone 9 (exception zone IP9 [yyyy]) et Zone de parc et d espace vert (O1), comme il est indiqué dans le document 1 et expliqué en détail dans le document 2, et tel que modifié par le texte suivant : 1. remplacement, au point n o 5 de la page 5, du texte «un rapport plancher-sol de 0,3) par le texte «un rapport plancher-sol minimal de 0,3»; 2. remplacement, sous le titre «Détails du zonage proposé» à la page 6, au paragraphe commençant par «Secteur F» du texte «afin d inclure un rapport plancher-sol minimal de 0,33 (IP9 F(0,3)) par le texte «afin d inclure une exception précisant un rapport planchersol minimal de 0,3 (IP9[yyyy])»; 3. changements suivants au document 2 «Détails du zonage recommandé» : a. remplacement, au point n o 1(e), du texte «IP9 F (0.33)» par le texte «O1»; et b. remplacement, au point n o 1 (f), du texte «O1» par le texte «IP9[YYYY]», c. ajout, comme nouveau point n o 3, du texte : «3. Ajout d une nouvelle exception IP9[yyyy] à l article 239 Exceptions urbaines, dont les provisions ont le même effet que ce qui suit : - le tableau 205 (g) n est pas applicable et le rapport planchersol minimal est de 0,3»; et, 4. remplacement, dans la légende du schéma de zonage illustré au document 1, du texte «passage du zonage du secteur F de IP9 à IP9 F(0,33)» par le texte «passage du zonage du secteur F de IP9 à IP9[YYYY])»; et 5. Qu il soit en outre résolu qu aucun autre avis ne soit donné, conformément au paragraphe 34 (17) de la Loi sur l aménagement du territoire.

152 COMITÉ DE L URBANISME DOCUMENTATION / DOCUMENTATION 1. Deputy City Manager's report, Planning and Infrastructure, dated 22 June 2012 (ACS2012-PAI-PGM-0147). Rapport de la Directrice municipale adjointe, Urbanisme et Infrastructure, le 22 juin 2012 (ACS2012-PAI-PGM-0147). 2. Extract of Draft Minute, 9 July 2012. Extrait de l ébauche du procès-verbal, le 9 juillet 2012.

153 COMITÉ DE L URBANISME Report to/rapport au : Planning Committee Comité de l'urbanisme and Council / et au Conseil June 22, 2012 22 juin 2012 Submitted by/soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Planning and Infrastructure/Urbanisme et Infrastructure Contact Person / Personne ressource : Don Herweyer, Acting Manager/Gestionnaire intérimaire, Development Review-Suburban Services/Examen des projets d'aménagement-services suburbains, Planning and Growth Management/Urbanisme et Gestion de la croissance (613) 580-2424, 28311 Don.Herweyer@ottawa.ca Kanata South / sud (23) Ref N : ACS2012-PAI-PGM-0147 SUBJECT: ZONING 5306 AND 5358 FERNBANK ROAD OBJET : ZONAGE 5306 ET 5358, CHEMIN FERNBANK REPORT RECOMMENDATION That the Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 5306 and 5358 Fernbank Road from Business Park Industrial Subzone 9 (IP9) and Residential Third Density Subzone Z exception zone (R3Z[1007] to Residential Third Density Subzone Z (R3Z), Residential Third Density Subzone Z exception zone (R3Z[xxxx]), Residential Fourth Density Subzone Z (R4Z), Business Park Industrial Subzone 9 (exception zone (IP9 [yyyy])) and Parks and Open Space Zone (O1) as shown in Document 1 and detailed in Document 2.

154 COMITÉ DE L URBANISME RECOMMANDATION DU RAPPORT Que le Comité de l urbanisme recommande au Conseil d approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 5306 et 5358, chemin Fernbank de Zone de parc d affaires et industriel, sous-zone 9 (IP9) et Zone résidentielle de densité 3, sous-zone Z assortie d une exception (R3Z[1007]) à Zone résidentielle de densité 3, sous-zone Z (R3Z), Zone résidentielle de densité 3, sous-zone Z assortie d une exception (R3Z[xxxx]), Zone résidentielle de densité 4, sous-zone Z (R4Z), Zone de parc d affaires et industriel, sous-zone 9 (assortie d une exception (IP9[yyyy])) et Zone de parc et d espace vert (O1), comme il est indiqué dans le document 1 et expliqué en détail dans le document 2. BACKGROUND The subject lands are located at 5306 and 5358 Fernbank Road on the south side of Fernbank Road between Romina Street and Terry Fox Drive. The parcel is bounded by Fernbank Road to the north, Terry Fox Drive to the west and south, and the westerly limit of the first phase of the Bridlewood Trails subdivision to the east. The subject lands comprise the second phase of this development. The subject lands are illustrated on the Location Plan (Document 1). Description of Site The subject property has an area of 10.4 hectares, with the property at 5306 Fernbank Road occupied by a detached dwelling, and the property at 5358 Fernbank Road being currently undeveloped. Surrounding uses are as follows: the lands south of Fernbank Road on the west side of Terry Fox Drive are rural in nature, while the lands north of Fernbank Road on the west side of Terry Fox Drive are within the future Fernbank Community and are currently under development. Lands to the north form part of the residential subdivision known as SoHo West, while to the east is the first phase of the Bridlewood Trails residential development. To the south of the Bridlewood Trails residential community are vacant lands that will be developed in the future as a commercial/business park development. Purpose of Zoning Amendment The purpose of the requested zoning amendment is to implement the draft approved plan of subdivision to allow for a new mixed use subdivision including freehold townhouses, a block zoned for higher density residential use, a business park employment block and a park.

155 COMITÉ DE L URBANISME Details of Draft Approved Subdivision Claridge Homes (Eagleson) Inc. has received draft approval to create a subdivison with a mix of freehold townhouses, higher density residential uses, business park development and a park. The subdivision plan is based on 18-metre wide streets, with two street connections to the existing neighbourhood to the east, and a new connection to Terry Fox Drive. The subdivision layout is consistent with contemporary principles of land use planning. It provides a modified-grid street pattern, with shorter block lengths than typical suburban design to contribute to a walkable community with employment lands and a park as community focal points, and access to transit. The property at 5358 Fernbank Road was previously subject to an application for Plan of Subdivision, and received Draft Approval on July 20, 2011. The plan of subdivision as approved proposed several blocks for freehold townhouses, one additional block for higher density residential use, one large employment block, a smaller commercial block, and an expansion to the existing park located on Romina Street. Since the Draft Approval, the adjacent parcel at 5306 Fernbank Road has been purchased by the proponent for the purposes of incorporating the additional lands into the plan of subdivision, in order to provide a more efficient subdivision layout. The property at 5306 Fernbank will be developed in conjunction with the abutting lands, and the previously approved subdivision layout has been revised to incorporate the parcel. The commercial block at Fernbank Road/Terry Fox Drive has been removed and included in the residential portion of the site. Freehold townhouse blocks are proposed on the new property added to the subdivision lands. This revision to the approved plan of subdivision is expected to receive Draft Approval shortly. Existing Zoning The largest portion of the subject property is zoned Business Park Industrial Subzone 9 (IP9), which is intended to accommodate low impact, light industrial uses in a business park setting. A narrow strip of land along the easterly property line abutting the Phase 1 Bridlewood Trails subdivision, which is part of a closed road allowance, is zoned Residential Third Density Zone (R3Z[1007]). Proposed Zoning The applicant is proposing to amend the existing IP9 Zone to accommodate a mixed-use subdivision, comprising a Residential Third Density subzone for the low density residential portion of the subdivision to be developed with townhouses, a Residential Fourth Density subzone for the higher density residential portion to be developed with stacked units, a Business Park Industrial subzone establishing a minimum floor space index for the employment lands, and a Parks and Open Space Zone for the park site.

156 COMITÉ DE L URBANISME DISCUSSION Provincial Policy Statement Under Section 3 of the Planning Act, all decisions affecting planning matters shall be consistent with the Provincial Policy Statement, which provides direction on matters of provincial interest related to land use planning and development. The Provincial Policy Statement (PPS) states that healthy, liveable and safe communities are created by promoting efficient development and land use patterns which sustain the financial well being of the Province and municipalities over the long term. Section 1.3.1 of the PPS specifies that planning authorities shall promote economic development by providing for an appropriate mix and range of employment to meet long-term needs and maintain a choice of suitable sites for employment uses; while Section 1.4.3 of the PPS specifies that planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements by directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available. The intent is to make efficient use of land, resources, infrastructure and public facilities. The subject by-law amendment conforms to the Provincial Policy Statement. The proposal promotes development of employment lands in an efficient, cost effective pattern of development, stimulates economic growth and takes full advantage of existing infrastructure. The proposal promotes a liveable community by expanding the range of choice in housing types offered in the community and providing nearby employment. As directed by the Provincial Policy Statement, the proposed Zoning By-law amendment promotes intensification and redevelopment opportunities within a built up area where existing or planned infrastructure can support development. The proposed development includes a mix of residential and commercial uses which will efficiently use land and contribute to a balanced community. Staff conclude that the proposal is consistent with the matters of provincial interest as outlined in the Provincial Policy Statement. Official Plan The subject site is designated Enterprise Area in the Official Plan. This designation identifies areas where commercial, office, and industrial are the primary land uses. Policies in Section 3.6.5 of the Official Plan, state that the Enterprise Area will permit a variety of industrial and employment generating uses, such as warehousing and distribution, manufacturing, communications, storage, construction, office, institutional research and development uses and retail uses. The designation will also permit a variety of complimentary uses, such as convenience retail, personal service businesses, and recreational uses to serve employees and the general public in the immediate area. The designation permits residential uses provided that the residential component does

157 COMITÉ DE L URBANISME not limit the ability of the area to achieve its original employment target and the development proposal meets the following criteria: All housing is in the form of townhouses, stacked townhouses or apartments; The Enterprise Area, particularly the residential uses, should be linked to adjacent residential areas by roads and pathways; The residential uses must be functionally integrated with employment areas; Any demand that residential uses create has been addressed; and At least 50 per cent of the developable land in the Enterprise area will be devoted to employment uses. The draft plan of subdivision and associated zoning was prepared in consideration of the criteria noted above: The residential development proposed will be exclusively in the form of townhouses and stacked units. This will provide a diversity of housing types to satisfy various needs, while providing the higher density residential neighbourhood envisioned in the Official Plan policies. The residential uses are linked to adjacent residential areas by roads and pathways. There are two public streets providing access to the existing Phase 1 residential neighbourhood of Bridlewood Trails. In addition, a new public street provides access from Terry Fox Drive to the proposed employment area, serving both Phase 1 and Phase 2 lands. The residential uses are functionally integrated with the employment areas. The proposed plan of subdivision contains an area of residential development in the form of townhouses, an employment area, and a higher density residential block that provides an appropriate integration of the two uses. The demand created by residential uses has been addressed. The need for commercial services generated by the residential component of the site was taken into account in the provision of the commercial lands located in the first phase of Bridlewood Trails. Once developed, the live-work mixed-use blocks along Romina Drive in Phase 1 will provide a range of commercial and personal services to residents of both phases. Two existing parks serve the Bridlewood Trails community and an expansion of the existing park on Romina Street will provide additional recreational opportunities for residents. Approximately 50 per cent of the lands within the total Enterprise Area, including Phase 1 and 2 lands, are dedicated to employment, and the proposed Business Park Zone will incorporate a minimum floor space index of 0.3 to ensure that a minimum floor space target for the commercial/office use is satisfied. The block has been sized to provide the necessary employment opportunities as directed through the Enterprise Area designation in the Official Plan. The block size would provide approximately 9755 square metres of office space. Based on the industry-accepted ratio of one employee per 23.2 square metres of floor space, the commercial office space can accommodate an estimated 420 jobs.

158 COMITÉ DE L URBANISME The Official Plan also establishes strategic directions for managing growth by directing growth to areas where it can be accommodated in compact and mixed-use development, and intensifying the use of land in accordance with the compatibility and community design criteria. Policies state that future development in new communities is to be compact and efficient from a servicing point of view. More compact urban development promotes sustainability by reducing travel distances, making transit service more desirable, reducing overall land consumption, and maximizing the use of existing infrastructure. The proposed Zoning By-law amendment supports the policies noted above by promoting a compact urban form of mixed use development, and will contribute to creating a livable community by increasing the variety of housing choice in the neighbourhood while providing increased employment opportunities. The proposed development fits well with and respects the pre-established character of the existing community. This is accomplished by compatible building form, setbacks, building height, distance between buildings and building location. The requested residential zoning for the residential blocks is consistent with the zoning in effect for the lands in the first phase of the Bridlewood Trails community. The requested zoning would permit blocks for freehold townhouses adjacent to the existing townhouses, and stacked units or back-to-back units at a higher density in the central portion of the site, providing a transition between the lower density residential uses and the employment lands. Compatibility is respected by having the employment lands in the southerly portion of the site adjacent to the commercial lands in the first phase of development. The proposed Zoning By-law amendment is consistent with the policies of the Official Plan in that the uses are compatible with the surrounding development and will generate employment as directed by the Enterprise Area designation. Details of Proposed Zoning The proposed zoning amendment to reflect the draft approved plan of subdivision is detailed in Document 2 and illustrated in Document 1. Specifically, the proposed Zoning By-law amendment would create the following zones: Area A - The northerly portion of the subdivision lands intended for residential development would be rezoned from Business Park Industrial Subzone 9 to Residential Third Density Subzone Z (R3Z) which is a zone currently in common usage for new subdivisions. The provisions are comparable to the zoning of the abutting Bridlewood Trails Phase 1 development and will permit the proposed townhouses, with specific provisions regarding lot size and setbacks. Area B - The westerly block along the westerly property line which abuts Terry Fox Drive would be rezoned from Business Park Industrial Subzone 9 to the above-noted Residential Third Density Subzone Z (R3Z[xxxx]), but with an exception specifying an increased rear yard setback requirement to accommodate a noise attenuation barrier.

159 COMITÉ DE L URBANISME Area C - A narrow strip of land along the easterly property line would be rezoned from Residential Third Density Subzone Z (R3Z [1007]) to the above-noted Residential Third Density Subzone Z (R3Z). Area D - The central portion of the property would be rezoned from Business Park Industrial Subzone 9 to Residential Fourth Density Subzone Z (R4Z), to permit higher density residential uses, such as stacked dwellings and apartments. Area E - The block to be dedicated as parkland would be rezoned from Business Park Industrial Subzone 9 to Parks and Open Space Zone (O1). Area F - The southerly portion of the property would remain within the Business Park Industrial Subzone 9, and would be amended to include an exception specifying a minimum Floor Space Index of 0.3 (IP9[yyyy]) to generate sufficient floor space devoted to employment uses. Conclusion The proposed Zoning By-law amendment is consistent with the Official Plan in that the proposed use is compatible with its surroundings, promotes economic development and balances the need for intensification as supported in the Official Plan with compatibility considerations. The proposed amendment is consistent with policies of the Enterprise Area designation and will generate jobs in excess of targets required. The Department supports the Zoning By-law amendment application and recommends that it be approved. RURAL IMPLICATIONS There are no rural implications associated with this report. CONSULTATION Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The public comments and staff response are detailed in Document 3. COMMENTS BY THE WARD COUNCILLOR Councillor Allan Hubley is aware of the application and the staff recommendation.

160 COMITÉ DE L URBANISME LEGAL IMPLICATIONS There are no direct legal implications associated with this report. RISK MANAGEMENT IMPLICATIONS There are no risk management implications associated with this report. FINANCIAL IMPLICATIONS There are no direct financial implications. ACCESSIBILITY IMPACTS There are no accessibility impacts associated with this report. ENVIRONMENTAL IMPLICATIONS The Rideau Valley Conservation Authority has indicated that there are no issues from an environmental point of view regarding the proposed Zoning By-law Amendment. TECHNOLOGY IMPLICATIONS There are no technology implications of this report. TERM OF COUNCIL PRIORITIES The proposed development aligns with the Term of Council Priorities in that it respects the existing urban fabric, neighbourhood form, and the limits of existing infrastructure services, so that new growth is integrated seamlessly within an established community. APPLICATION PROCESS TIMELINE STATUS The application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments. The application was On Hold for an extended period of time while associated subdivision issues were resolved. SUPPORTING DOCUMENTATION Document 1 Zoning Key Plan Document 2 Details of Recommended Zoning Document 3 Consultation Details

161 COMITÉ DE L URBANISME DISPOSITION City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council s decision. Planning and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification. Legal Services to forward the implementing by-law to City Council.

162 COMITÉ DE L URBANISME

163 COMITÉ DE L URBANISME DETAILS OF RECOMMENDED ZONING REVISED DOCUMENT 2 1. Proposed changes to Zoning Bylaw 2008-250: Rezone the subject lands shown in Document 1 as follows: a. Area A rezoned from IP9 to R3Z b. Area B rezoned from IP9 to R3Z [xxxx] c. Area C rezoned from R3Z [1007] to R3Z d. Area D rezoned from IP9 to R4Z e. Area E rezoned from IP9 to 01 f. Area F rezoned from IP9 to IP9[YYYY]. 2. Add a new exception, R3Z [xxxx] to Section 239 - Urban Exceptions with provisions similar in effect to the following: For the R3Z [xxxx] Exception: Minimum rear yard setback is 7.5 m. 3. Add a new exception, IP9[yyyy] to Section 239 Urban Exceptions with provisions similar in effect to the following: - Table 205(g) does not apply and the minimum Floor Space Index is 0.3.

164 COMITÉ DE L URBANISME CONSULTATION DETAILS DOCUMENT 3 NOTIFICATION AND CONSULTATION PROCESS Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Zoning By-law amendments. The concerns related to the proposed zoning by-law amendment are summarized below. SUMMARY OF PUBLIC INPUT Two written comments were received from members of the public. A summary of the comments and the staff response is outlined below. Public Comments Development: The area around Fernbank Road is becoming very developed without any overall plan, since there is a mix of residential and commercial development. Response: The original plan of subdivision for the lands south of Fernbank Road has been approved and the mix of Business Park and residential use proposed is in accordance with Official Plan policies. The lands located on the north side of Fernbank Road, west of Terry Fox Drive, that are being developed for commercial purposes lie within the area of the Fernbank Community Design Plan, and are developing in accordance with approved policies. Road Network: There is support for the plan of subdivision provided that there be no additional road connections to Fernbank Road. Response: The revision to the plan of subdivision does not include any new street connections to Fernbank Road. Community Organization Comments A summary of the Bridlewood Community Association comments and staff response is as follows: The addition of the new dwellings and the commercial development at the corner of Terry Fox Drive will put additional pressure on existing roadways including Romina Street. Response: A Traffic Impact Study was evaluated and approved for the original plan of subdivision. The study demonstrated that the traffic generated by the proposed subdivision could be safely accommodated into the local road network.

EXTRACT OF DRAFT MINUTES 38 9 JULY 2012 165 COMITÉ DE L URBANISME EXTRAIT DE L ÉBAUCHE DU PROCÈS-VERBAL 38 COMITÉ DE L URBANISME LE 9 JUILLET 2012 ZONING - 5306 AND 5358 FERNBANK ROAD ZONAGE - 5306 ET 5358, CHEMIN FERNBANK ACS2012-PAI-PGM-0147 KANATA SOUTH / SUD (23) REPORT RECOMMENDATION: That the Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 5306 and 5358 Fernbank Road from Business Park Industrial Subzone 9 (IP9) and Residential Third Density Subzone Z exception zone (R3Z[1007] to Residential Third Density Subzone Z (R3Z), Residential Third Density Subzone Z exception zone (R3Z[xxxx]), Residential Fourth Density Subzone Z (R4Z), Business Park Industrial Subzone 9 (IP9 F (0.33)) and Parks and Open Space Zone (O1) as shown in Document 1 and detailed in Document 2. Written correspondence was received from the following, in opposition to the report recommendations: Ms. Faith Blacquiere*. [ * All individuals marked with an asterisk either provided their comments in writing or by email; all such comments are held on file with the City Clerk. ] Planning and Growth Management staff requested that Committee approve the amendments noted below: Moved by Councillor J. Harder: MOTION N O 38/5 Be it Resolved That Report ACS2012-PAI-PGM-0147 be amended as follows: 1. by replacing in the Report Recommendation the text (IP9 F(0.33) with exception zone (IP9[yyyy]) and in the Recommendations du Rapport the text (IP9 F (0.33) with assortie d une exception (IP9[yyyy]) ; 2. by replacing in bullet 5 on page 5 the text a floor space index of 0.3 with a minimum floor space index of 0.3 ;

166 COMITÉ DE L URBANISME 3. by replacing under the heading Details of Proposed Zoning on page 6 within the paragraph which begins Area F the text to include a minimum Floor Space Index of 0.33 (IP9 F(0.3) with to include an exception specifying a minimum Floor Space Index of 0.3 (IP9[yyyy]) ; 4. by making the following changes to Document 2 Details of Recommended Zoning: a. replacing in Item 1(e) the text IP9 F (0.33) with O1 ; and, b. replacing in Item 1(f) the text "O1" with "IP9[YYYY]", c. adding as a new Item 3 the text: 3. Add a new exception, IP9[yyyy] to Section 239 Urban Exceptions with provisions similar in effect to the following: - Table 205(g) does not apply and the minimum Floor Space Index is 0.3 ; and, 5. by replacing the text Area F to be rezoned from IP9 to IP9 F(0.33) with Area F to be rezoned from IP9 to IP9[YYYY] in the legend of the Zoning Key Plan shown in Document 1. And Be it Further Resolved That no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED There being no further discussion, the report recommendation, as amended by Motion No. PLC 38/5, was put to Committee and was CARRIED. That the Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 5306 and 5358 Fernbank Road from Business Park Industrial Subzone 9 (IP9) and Residential Third Density Subzone Z exception zone (R3Z[1007] to Residential Third Density Subzone Z (R3Z), Residential Third Density Subzone Z exception zone (R3Z[xxxx]), Residential Fourth Density Subzone Z (R4Z), Business Park Industrial Subzone 9 (exception zone IP9 [yyyy]) and Parks and Open Space Zone (O1) as shown in Document 1 and detailed in Document 2, and as amended by the following: 1. by replacing in bullet 5 on page 5 the text a floor space index of 0.3 with a minimum floor space index of 0.3 ; 2. by replacing under the heading Details of Proposed Zoning on page 6 within the paragraph which begins Area F the text to include a minimum Floor Space Index of 0.33 (IP9 F(0.3) with to include an exception specifying a minimum Floor Space Index of 0.3 (IP9[yyyy]) ; 3. by making the following changes to Document 2 Details of Recommended Zoning:

167 COMITÉ DE L URBANISME a) replacing in Item 1(e) the text IP9 F (0.33) with O1 ; and, b) replacing in Item 1(f) the text "O1" with "IP9[YYYY]", c) adding as a new Item 3 the text: 3. Add a new exception, IP9[yyyy] to Section 239 Urban Exceptions with provisions similar in effect to the following: - Table 205(g) does not apply and the minimum Floor Space Index is 0.3 ; and, 4. by replacing the text Area F to be rezoned from IP9 to IP9 F(0.33) with Area F to be rezoned from IP9 to IP9[YYYY] in the legend of the Zoning Key Plan shown in Document 1. 5. And that no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED as amended Mr. Jim Burghout on behalf of Claridge Homes (the applicant), was present in support of the report recommendation, but did not speak.