ACS2016-PIE-PGM-0127€¦ · • You can register to make a presentation during the Committee...

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ACS2016-PIE-PGM-0127 A Zoning By-law Amendment Proposal will be considered at Planning Committee and Agriculture and Rural Affairs Committee August 12, 2016 I am contacting you today to inform you that the Planning Committee and Agriculture and Rural Affairs Committee of the City of Ottawa will be considering the Omnibus Amendments Q3 2016, Planning Committee on Tuesday, August 23, 2016 and Agriculture and Rural Affairs Committee on Tuesday, August 30, 2016. The Planning Committee meeting will begin at 9:30 a.m. at Champlain Room, City Hall, 110 Laurier Avenue West, Ottawa. You are welcome to attend the meeting and present your views. The Agriculture and Rural Committee meeting will begin at 10 a.m. in the Chamber, Ben Franklin Place, 101, Centrepointe Drive, Ottawa. You are welcome to attend the meeting and present your views. I have attached a copy of the report outlining the departmental recommendation that will be considered during the meeting. Stay informed and involved You can submit a written submission to the Committee Co-ordinator of the Planning Committee at 110 Laurier Avenue West, Ottawa, K1P 1J1 or by fax at 613-580-9609 or by e-mail at [email protected]. You can submit a written submission to the Committee Co-ordinator of the Agriculture and Rural Affairs Committee at 110 Laurier Avenue West, Ottawa, K1P 1J1 or by fax at 613-580-9609 or by e-mail at [email protected]. You can register to make a presentation during the Committee meeting by calling Melody Duffenais at 613-580-2424, extension 20113 by 4:00 p.m. on the day before the meeting to determine if a specific time has been set for this item to be considered. You can register to make a presentation during the Committee meeting by calling Marc Desjardins at 613-580-2424, extension 28821 by 4:00 p.m. on the day

Transcript of ACS2016-PIE-PGM-0127€¦ · • You can register to make a presentation during the Committee...

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ACS2016-PIE-PGM-0127

A Zoning By-law Amendment Proposal will be considered at

Planning Committee and Agriculture and Rural Affairs Committee

August 12, 2016

I am contacting you today to inform you that the Planning Committee and Agriculture and Rural Affairs Committee of the City of Ottawa will be considering the Omnibus Amendments Q3 2016, Planning Committee on Tuesday, August 23, 2016 and Agriculture and Rural Affairs Committee on Tuesday, August 30, 2016.

The Planning Committee meeting will begin at 9:30 a.m. at Champlain Room, City Hall, 110 Laurier Avenue West, Ottawa. You are welcome to attend the meeting and present your views.

The Agriculture and Rural Committee meeting will begin at 10 a.m. in the Chamber, Ben Franklin Place, 101, Centrepointe Drive, Ottawa. You are welcome to attend the meeting and present your views.

I have attached a copy of the report outlining the departmental recommendation that will be considered during the meeting.

Stay informed and involved

• You can submit a written submission to the Committee Co-ordinator of the Planning Committee at 110 Laurier Avenue West, Ottawa, K1P 1J1 or by fax at 613-580-9609 or by e-mail at [email protected].

• You can submit a written submission to the Committee Co-ordinator of the Agriculture and Rural Affairs Committee at 110 Laurier Avenue West, Ottawa, K1P 1J1 or by fax at 613-580-9609 or by e-mail at [email protected].

• You can register to make a presentation during the Committee meeting by calling Melody Duffenais at 613-580-2424, extension 20113 by 4:00 p.m. on the day before the meeting to determine if a specific time has been set for this item to be considered.

• You can register to make a presentation during the Committee meeting by calling Marc Desjardins at 613-580-2424, extension 28821 by 4:00 p.m. on the day

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before the meeting to determine if a specific time has been set for this item to be considered.

• You can contact Tim Moerman if you have any questions or require additional information, by telephone at 613-580-2424, extension 13944, or by email, at [email protected].

If a person or public body does not make oral submissions at the public meeting 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 Municipal Board.

If a person or public body does not make oral submissions at the public meeting, 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 Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.

Sincerely,

Original signed by

Tim Moerman

Development Review Planner

Enclosure

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ACS2016-PIE-PGM-0127

Une proposition de modification au règlement de zonage sera examinée au Comité de l'urbanisme et Comité de l'agriculture et des affaires rurales

Le 12 août 2016

Je communique avec vous aujourd’hui pour vous informer que Comité de l'urbanisme et le Comité de l’agriculture et des affaires rurales de la Ville d’Ottawa examinera une proposition de modification d’ordre général Q3 2016, Comité de l’urbanisme le mardi 23 août 2016 et Comité de l'agriculture et des affaires rurales le mardi 30 août 2016.

La réunion commencera à 9 h 30 à la salle Champlain, hôtel de ville, au 110, avenue Laurier Ouest à Ottawa. On vous invite à assister à la réunion et à présenter votre point de vue.

Vous trouverez ci-joint une copie du rapport contenant la recommandation du Service qui sera examinée pendant la réunion.

Restez informé et participez

• Consultez Ottawa.ca/demdam pour obtenir des renseignements supplémentaires sur cette demande ou Ottawa.ca/urbanisme pour trouver de l’information d’ordre général sur les modifications au Règlement de zonage.

• Vous pouvez faire parvenir des observations écrites au coordonnateur du Comité de l'urbanisme au 110, avenue Laurier Ouest, Ottawa, K1P 1J1, par télécopieur au 613-580-9609 ou par courriel à [email protected].

• Vous pouvez faire parvenir des observations écrites au coordonnateur du Comité de l'agriculture et des affaires rurales au 110, avenue Laurier Ouest, Ottawa, K1P 1J1, par télécopieur au 613-580-9609 ou par courriel à [email protected].

• Si vous souhaitez faire une présentation à la réunion du Comité, inscrivez-vous en téléphonant à Melody Duffenais au 613-580-2424, poste 20113 avant 16 h la veille de la réunion afin de déterminer si une heure précise a été établie pour traiter ce point.

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• Si vous souhaitez faire une présentation à la réunion du Comité, inscrivez-vous

en téléphonant à Marc Desjardins au 613-580-2424, poste 28821 avant 16 h la veille de la réunion afin de déterminer si une heure précise a été établie pour traiter ce point.

• Vous pouvez communiquer avecTim Moerman, si vous avez des questions ou si vous avez besoin d’autres renseignements, par téléphone au 613-580-2424, poste 13944, ou par courriel à [email protected].

Si une personne ou un organisme public ne présente pas d'exposé oral à la réunion publique ou ne présente pas d'exposé écrit à la Ville d'Ottawa avant l'adoption du règlement, la personne ou l’organisme public ne pourra pas interjeter appel de la décision du Conseil de la Ville d’Ottawa devant la Commission des affaires municipales de l'Ontario.

Si une personne ou un organisme public ne présente pas d'exposé oral à la réunion publique ou ne présente pas d'exposé écrit à la Ville d'Ottawa avant l'adoption du règlement, la personne ou l’organisme public ne pourra être joint en tant que partie à l’audition de l’appel devant la Commission des affaires municipales de l’Ontario à moins que, de l’avis de la Commission, il existe des motifs raisonnables de le faire.

Original signé par

Tim Moerman

Urbaniste, Examen des demandes d’aménagement

p.j.

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ITEM NO NUMÉRO DE L’ARTICLE

Request to speak form Fiche de demande d’intervention Please complete the Request to Speak form and give the Committee Coordinator at the beginning of the meeting or sent it to by Fax at 613-580-9609. Veuillez remplir la fiche de Demande d’intervention et la remettre à la coordinatrice/au coordonateur du Comité de la réunion ou l’envoyer par Facsimile au (613)580-9609. Committee and Meeting Date Comité et date de la réunion Subject/objet Please indicate your position with respect to the report recommendation:

I agree I oppose Veuillez donner votre opinion sur la recommandation du rapport :

Je suis d’accord Je suis en désaccord Name/nom Company, Agency or Community Organization (if applicable) Société, agence ou organisme communautaire (s’il y a lieu) Street and/or e-mail address, Postal Code and Telephone/Adresse municipal et/ou courriel, code postal et numéro de téléphone Personal Information contained on this form is collected pursuant to s.75 (4) of By-Law No. 2002-247, and will be used as a record of, and possible follow up to, participation in this meeting. Questions about this collection should be directed to the Manager, Council and Committee Services, 110 Laurier Avenue, Ottawa, Ontario K1P 1J1. Telephone (613) 580-2424, ext. 26836. /

Les renseignements personnels contenus dans le présent formulaire sont recueillis en vertu du p.75(4) du Règlement municipal 2001-20, et seront utilisés à des fins de référence et de suivi éventuel à la participation à cette réunion. Toute question concernant cette collecte de renseignements doit être adressée au Gestionnaire des services au Conseil et aux Comités, 110, avenue Laurier Ouest, Ottawa (Ontario) K1P 1J1. Téléphone (613) 580-2424, poste 26836

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Rapport au:

Planning Committee / Comité de l'urbanisme August 23, 2016 / 23 août 2016

Agriculture and Rural Affairs Committee / Comité de l'agriculture et des affaires

rurales August 30, 2016 / 30 août 2016

and Council / et au Conseil

September 14, 2016 / 14 septembre 2016

Submitted on August 4, 2016 Soumis le 4 août 2016

Submitted by Soumis par:

John L. Moser, General Manager / Directeur général,

Planning, Infrastructure and Economic Development Department / Service de planification, d'Infrastructure et de Développement économique

Contact Person

Personne ressource: John Smit, Acting Manager / Gestionnaire par intérim, 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, 13866, [email protected]

Ward: CITY WIDE / À L'ÉCHELLE DE LA VILLE

File Number: ACS2016-PIE-PGM-0127

SUBJECT: Comprehensive Zoning By-law 2008-250: Omnibus Amendments Q3 2016

OBJET: Règlement général de zonage 2008-250 : Modifications d'ordre général Q3 2016

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REPORT RECOMMENDATIONS

1. That Planning Committee recommend Council approve amendments to Zoning By-law 2008-250, as shown in Document 1 and detailed in Documents 2 and 4; and

2. That Planning Committee approve the Public Consultation Section of this report be included as the “brief explanation” in the Summary of Written and Oral Submissions, to be prepared by the City Clerk and Solicitor’s Office and submitted to Council in tandem with this report, subject to submissions received between the publication of this report and 4 p.m. of the day prior to Council’s consideration.

3. That Agriculture and Rural Affairs Committee recommend Council approve amendments to Zoning By-law 2008-250, as shown in Document 1 and detailed in Documents 3 and 4; and

4. That Agricultural and Rural Affairs Committee approve the Public Consultation Section of this report be included as the “brief explanation” in the Summary of Written and Oral Submissions, to be prepared by the City Clerk and Solicitor’s Office and submitted to Council in tandem with this report, subject to submissions received between the publication of this report and 4 p.m. of the day prior to Council’s consideration.

RECOMMANDATIONS DU RAPPORT

1. Que le Comité de l’urbanisme recommande au Conseil d’approuver les modifications au Règlement de zonage général 2008-250 illustrées dans le document 1 et décrites en détail dans les documents 2 et 4;

2. Que le Comité de l’urbanisme donne son approbation à ce que la section du présent rapport consacrée aux consultations publiques soit incluse en tant que « brève explication » dans le résumé des observations écrites et orales, qu’elle soit rédigée par le Bureau du greffier municipal et chef du contentieux et soumise au Conseil en même temps que le présent rapport, à la condition que les observations aient été reçues entre le moment de la publication du présent rapport et 16 h la veille de l’étude du rapport par le Conseil.

3. Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications au Règlement de zonage général

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2008-250 illustrées dans le document 1 et décrites en détail dans les documents 3 et 4;

4. Que le Comité de l’agriculture et des affaires rurales donne son approbation à ce que la section du présent rapport consacrée aux consultations publiques soit incluse en tant que « brève explication » dans le résumé des observations écrites et orales, qu’elle soit rédigée par le Bureau du greffier municipal et chef du contentieux et soumise au Conseil en même temps que le présent rapport, à la condition que les observations aient été reçues entre le moment de la publication du présent rapport et 16 h la veille de l’étude du rapport par le Conseil.

EXECUTIVE SUMMARY

Assumption and Analysis

This report recommends amendments to modify certain provisions and to correct minor errors in the Zoning By-law. These amendments have been combined in an Omnibus Zoning By-law report as a means of efficiently modifying the by-law.

Public Consultation

Public consultation was undertaken in accordance with the Planning Act and the Official Plan.

RÉSUMÉ

Hypothèse et analyse

Le présent rapport recommande des modifications visant à changer certaines dispositions et à corriger des erreurs mineures dans le Règlement de zonage. Ces modifications ont été présentées dans un même rapport de façon à rendre la modification du règlement municipal plus efficace.

Consultation publique

Une consultation publique a été organisée conformément à la Loi sur l’aménagement du territoire et au Plan officiel.

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BACKGROUND

This report addresses a variety of topics that will result in multiple amendments to the Zoning By-law. The report will modify the intent of certain provisions and correct minor errors.

Provincial Policy Statement

The proposed amendments are consistent with the Provincial Policy Statement (PPS), promoting efficient development and land use patterns while undertaking a coordinated, integrated and comprehensive approach for planning matters within the municipality.

Official Plan

The Zoning By-law provides a means of implementing the land use policies in the Official Plan. The proposed Zoning By-law amendments conform to the Official Plan, ensuring consistency between zoning provisions and land use policies in the Official Plan, and by correcting errors and omissions to ensure the effective implementation of the Official Plan through the Zoning By-law.

DISCUSSION

Items for review by 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 2.

Amendments for review by Planning Committee

I

Item

II

Summary of Amendment

Exception [2071]

628 Industrial Road

Ward 18

A maximum front yard setback of 3 metres from Industrial Road is proposed, in keeping with development within the Train Yards Shopping Centre. This reflects the intent of the 2013 Zoning By-law amendment for the Trainyards development that was intended to produce an environment similar to a Traditional Mainstreet along the development's Industrial Road frontage.

562 Somerset Street West

The 2014 Zoning Review applied TM and AM zoning to Mainstreets throughout the City in order to implement the

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Amendments for review by Planning Committee

I

Item

II

Summary of Amendment

Ward 14 Official Plan. However, properties zoned Institutional were left with their existing Institutional zoning in place; this was done in order to avoid rendering existing institutional uses non-conforming.

562 Somerset Street West is zoned I1A (Institutional) but does not have an institutional use. Leaving it out of the 2014 Zoning review therefore did not protect an existing institutional use, but does prevent the building from being used for the purposes foreseen by the Official Plan for a Traditional Mainstreet. It is therefore proposed to rezone this property from I1A to TM14 to match the rest of the block.

This is an anomaly item, required to fully implement an approved recommendation of City Council for Traditional and Arterial Mainstreets.

Exception [1629]

3591 Innes Road

Ward 2

Exception [1629] provides that the minimum number of parking spaces for a medical facility is 20. However, the report that enabled that zoning in 2008 gave 20 as a maximum permitted parking rate, not a minimum required. The proposed amendment corrects that anomaly.

Exception [401]

100 Edo Private and 94, 100 and 130 Corinth Private

Add "dwelling unit" as a permitted use

Ward 9

The Citiplace subdivision and zoning was approved in 2005 under the former Nepean Zoning By-law. Among the permitted uses on these lands was a dwelling unit. Much of the former zoning for Citiplace was carried over into 2008-250, but the ‘dwelling unit’ use was not carried over to the GM[401] and GM[401]H(11) zones (associated with 100 Edo Private and 94 and 130 Corinth Private). The site plan approved mixed use buildings on these lots under former Nepean Zoning. Dwelling unit should be listed as a permitted use in order to allow these mixed use buildings

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Amendments for review by Planning Committee

I

Item

II

Summary of Amendment

to be built.

197 (9)(e)

Stittsville Main Street TM9 Subzone

Remove 3 metre maximum interior side yard setback requirement.

Ward 6

The recently adopted Traditional Mainstreet Subzone 9 (TM9) for Stittsville Main Street introduced a variety of new building setbacks based on the recently approved Secondary Plan and Community Design Plan. The subzone outlines specifically which Traditional Mainstreet (TM) setbacks apply and do not apply and provides specific setbacks for the TM9 subzone. Based on the current provisions a maximum interior side yard setback of 3 metres is required in accordance with the TM setbacks, as this was not listed as an excluded TM provision for the subzone. A maximum interior side yard setback was not intended to be an applicable zoning requirement for this subzone due to the larger lot fabric located in the Stittsville Main Street Subzone. This requirement is proposed to be removed from the TM9 subzone. Minimum interior setback requirements will remain as described in the TM zone and TM9 subzone. Additional setback requirements such as a maximum front yard setback ensure that the built form objectives of the Secondary Plan and Community Design plan will be achieved.

238 Britannia Road

R2R[2114] H(8)

To correct an error regarding minimum lot width provisions

Ward 7

A site-specific Zoning By-law amendment approved in February 2014 did not include provisions to recognize the minimum lot width for each of the units of the semi-detached dwelling located on the subject lands. An amendment is needed to add a minimum lot width provision of 4.5 metres to exception [2114].

This is an anomaly item, required to fully implement an approved recommendation of City Council for the site-specific Zoning By-law amendment.

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Amendments for review by Planning Committee

I

Item

II

Summary of Amendment

Part of 355 Cooper Street

R5B [970]

To correct an error regarding maximum floor space index provisions

Ward 14

An error was made regarding elimination of FSI for the subject lands when the comprehensive Zoning By-law was approved in 2008. Under the former Ottawa Zoning By-law 93-98, the lands were zoned R6A [860] F(3.0). Under the comprehensive Zoning By-law 2008-250 the lands were zoned R5B [970]. The floor space index (FSI) was inadvertently deleted, leaving the subject lands without an FSI to control building mass, including height.

When the zoning provisions for high-rise apartment zones were created for the comprehensive Zoning By-law, it was decided to delete the FSI from the zone code when building height was controlled by another means, such as a height suffix or if a maximum height was included in an exception provision. If a height suffix or exception provision was not in effect, the FSI was to remain in place as a means of controlling building mass including height of the building. In this case, the FSI was deleted, despite neither a height suffix or height provision in the exception being in effect.

This error results in no building mass control and an unlimited building height being permitted, and brings the Zoning By-law out of conformity with the policies of the Centretown Secondary Plan. The policies for maximum building height in the Centretown Secondary Plan permit a 21-storey building in this location through a rezoning. The error does not permit implementation of the policies in the Plan regarding appropriate building height up to a maximum of 21 storeys through site-specific Zoning By-law amendments.

The proposed amendment would rezone the subject lands from R5B [970] to R5B [970] F(3.0), as shown in

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Amendments for review by Planning Committee

I

Item

II

Summary of Amendment

Document 1, to reinstate the FSI that was formerly in effect and to ensure the Zoning By-law implements the policies in the Centretown Secondary Plan.

This amendment is needed to carry forward the provisions of the former Zoning By-law, and is considered an anomaly amendment within the criteria provided under Section 5.2.3.3 (b) of the Official Plan.

137 George Street

MD2[2031] S307

To correct an error regarding parking provisions

Ward 12

A zoning by-law amendment concerning the subject lands approved by Council on April 24, 2013 and by the OMB on January 15, 2014 omitted to include provisions to recognize five surface parking spaces shown in the plans filed with the application and also shown on the approved Site Plan Control drawings. An amendment is needed to add a provision to exception [2031] to recognize the five surface parking spaces located at the rear of the lot.

This is an anomaly item within the meaning of Official Plan Policy 5.2.3.3, and is needed to fully implement an approved recommendation of City Council to amend the Zoning By-law.

Part of 175 Main Street

R5B[2308]

To identify the front lot line for certain parcels of land in the subdivision

Ward 17

This property is currently subject to a draft plan of subdivision for which a rezoning was undertaken in 2015. As part of this rezoning a site specific exception was applied to Block 45 to provide, in part, for a reduced rear yard setback from a particular lot line. However, because the block has frontage on at least three streets, the lot line from which the reduced rear yard setback is intended may not be considered the rear lot line. Therefore, to ensure the proper implementation of Council’s intent in rezoning this block, it is proposed that the front lot line be identified in the site specific exception.

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Amendments for review by Planning Committee

I

Item

II

Summary of Amendment

This is an anomaly item within the meaning of Official Plan Policy 5.2.3.3, and is needed to fully implement an approved recommendation of City Council to amend the Zoning By-law.

Part of 100 Rossignol Crescent

To correct the zoning boundary between two zones at 100 Rossignol Crescent.

This property was subject to a rezoning approved by Order of the Ontario Municipal Board on June 1, 2012 for Part of 100 Rossignol Crescent. The zoning boundary was to follow the limit of the concept plan which accompanied the zoning application, however it was incorrectly shown on the lands affected map.

This is an anomaly item within the meaning of Official Plan Policy 5.2.3.3, and is needed to fully implement an approved recommendation of City Council to amend the Zoning By-law.

Items for review by Agriculture and Rural Affairs Committee are summarized in the table below. Zoning details are included for reference in Document 3.

Amendments for review by Agriculture and Rural Affairs Committee

I

Item

II

Summary of Amendment

Section 211-212, Agricultural (AG) Zone and AG1, AG2 and AG3 subzones

Minimum lot size for agricultural use as an accessory use to a dwelling.

The purpose of this amendment to the zone provisions of the Agricultural Zone (AG) is to permit ‘agricultural use’ as an accessory use to a dwelling on lots of 0.8 hectares or greater. Currently, Tables 211, 212A establish large minimum lot sizes for agricultural use (ranging from ten hectares to 36 hectares, depending on the subzone).

Currently, Section 211(5) permits agricultural use limited to a stable and horses as an accessory use to a dwelling on properties with 0.8 hectares or greater. The proposed

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Amendments for review by Agriculture and Rural Affairs Committee

I

Item

II

Summary of Amendment

Rural Areas – City Wide amendment would have the effect of expanding this permitted use to include agricultural uses more broadly with no specific limitations.

This added provision will result in agricultural uses being permitted on lots created through severance of a surplus farm dwelling severance, where the severed lot contains at least 0.8 hectares.

The proposed change will not affect the ability to sever or subdivide agricultural land. Livestock operations will continue to be regulated by minimum separation distances under Section 62 and Provincial Regulations. This proposed change does not have any implications for AG subzones 4 through 8 as those designations apply to retained farm lots associated with surplus farm dwelling severances.

3613 Ashton Station Road

Add exception to allow detached dwelling

Ward 21

The subject property was zoned MXR (Extractive Industry Reserve) under the former Goulbourn Zoning By-law. This zone permitted a detached dwelling subject to minimum setbacks (front, rear and side yards) of 30 metres.

The current/successor MR (Mineral Resource) zone on the property does not permit a detached dwelling. The existing detached dwelling is therefore nonconforming.

This amendment would introduce a zoning exception to the MR zone on 3613 Ashton Station Road to permit a detached dwelling, subject minimum front, rear and side yards of 30m, to restore the zoning permission that existed under the former Goulbourn by-law.

This is an anomaly item within the meaning of Official Plan Policy 5.2.3.3, to carry forward in the Zoning By-law, the

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Amendments for review by Agriculture and Rural Affairs Committee

I

Item

II

Summary of Amendment

regulations of the former municipalities’ Zoning By-laws, where required, to accurately harmonize those regulations.

Part of 5660 Flewellyn Road and part of unaddressed parcel on Flewellyn Road

Ward 21

The subject lands at 5660 Fewellyn Road are the location of a place of worship constructed in 1989. The lands are zoned Agricultural, while the abutting agricultural lands to the east are zoned Rural Institutional. An amendment is needed to correct this error on the zoning map by rezoning the location of the place of worship, 5660 Flewellyn Road, from AG2 to RI5 [xxxr], and by rezoning the abutting agricultural lands from RI5 to AG3, as shown in Document 1. Exception [xxxr] will be applied to the place of worship lands to allow the continued use of a portion of the lands for agricultural purposes.

This amendment is needed to accurately carry forward the provisions of the former Zoning By-law, and is considered an anomaly amendment within the criteria provided under Section 5.2.3.3 (b) of the Official Plan.

Items for review by Planning Committee and Agriculture and Rural Affairs Committee are summarized in the table below. Zoning details are included for reference in Document 4.

Amendments for review by Planning Committee and Agriculture and Rural Affairs Committee

I

Item

II

Summary of Amendment

Section 54 (Definitions)

The current definition of "recreational and athletic facility" defines it in part as a public place; however, the word "public" has a defined meaning and this does not extend to the commonly understood meaning of a recreational and athletic facility which

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Amendments for review by Planning Committee and Agriculture and Rural Affairs Committee

I

Item

II

Summary of Amendment

Definition of "recreational and athletic facility"

City-wide

includes health clubs, private fitness centres etc. It is proposed to remove the word "public" to recognize the broader reality of the use.

As well, the current wording includes the possibility of a facility used purely for instruction in recreational, fitness or athletic pastimes. This is not the intent; such a use is more properly covered by the existing term "instructional facility." It is more appropriate to amend the definition of "recreational and athletic facility" to provide for instruction only as an ancillary use through the words "and may include (such instruction.)"

New provisions for Click and Collect Facilities

City-wide

A click and collect facility is a delivery location where on-line purchases or other products may be picked up or returned by the consumer. From a zoning perspective, a click and collect facility is a combination of a warehouse, retail use, and a personal service buiness. A warehouse use is not typically permitted in commercial zones. As this land use is not contemplated in Zoning By-law 2008-250, new provisions are needed to regulate and permit this use in certain zones.

A click and collect facility may be: small lockers adjacent to a building where parcels may be picked up; a facility associated exclusively with the retail store or retail food store it is located in; a separate occupancy in a multi-occupancy building such as a shopping mall, that is not associated with another use on the lot, or; a single occupancy in a stand-alone building that is not associated with another use on the lot.

When a click and collect facility is associated exclusively with a particular land use, such as a pick-up location for groceries ordered on-line from the grocery store the click and collect facility is located in, the facility is permitted as an accessory use. When

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a click and collect facility is a location for consumers to pick up or drop off products that are not associated with another use on the lot, it is considered a principal use of the land. Under this circumstance, the click and collect facility needs to be listed as a permitted use in the zone in order to be permitted.

When a click and collect facility is located in a stand-alone building, the customer parks and remains in their car. Staff from the click and collect facility come to the customer’s car to confirm what is being picked up, and then return to the facility to retrieve the parcel and deliver it to the customer in their car. The pick-up or drop-off typically takes approximately three minutes. The number of truck deliveries to a facility is typically 10 to 14 per day. The click and collect facility does not typically have more than one customer at a time waiting for a parcel, given the short period of time it takes to serve the customer.

Click and collect facilities that include queuing lanes and order boards would only be permitted in zones where a drive- through facility is a permitted use. The queuing lanes and spaces for such facilities would be subject to the provisions for drive-through operations in Section 112 of the Zoning By-law.

It is proposed to permit a click and collect facility as a separate occupancy in a shopping centre building, or as a stand-alone building in commercial zones that are not currently pedestrian-oriented or are characterized by larger lot sizes, such as Arterial Mainstreet (excluding the AM10 subzone), General Mixed-Use, Mixed-Use Centre and Rural Commercial Zones. In these zones, no new parking spaces for the click and collect facility would be required. Parking spaces for another use on the lot may be shared with the click and collect facility, without rendering other

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uses on the lot non-complying with parking requirements.

In order to be in conformity with the policies in the Official Plan for pedestrian-oriented zones and intensification target areas, such as the Traditional Mainstreet, Village Mixed-Use, Mixed-Use Downtown, Local Commercial, Arterial Mainstreet Subzone 10, Transit-Oriented Development Zones and in a rapid transit network station, it is proposed to permit this use as an occupancy in a building with another permitted use in the zone or within a stand-alone building existing as of the date of the approval of the new zone provisions for click and collect facilities. In these zones, no new parking spaces may be created for the click and collect facility, however existing parking spaces for another use on the lot may be shared with the click and collect facility without rendering the other use legal non-complying with parking requirements.

The new provisions for click and collect facilities will also confirm a click and collect facility is not subject to the minimum building height provisions for the zone it is located in and require that a minimum of 30% of the surface area of the walls of the first storey of the building be transparent glazing, when the facility is a single-occupancy in a stand-alone building.

Finally, an amendment is proposed to the MC zone provisions affecting South Keys Shopping Mall. The MC[2284] S349-h zone permits small forms of development such as changes of use in existing buildings and additions to existing buidings for new uses, without lifting the holding symbol. These provisions are intended to allow minor forms of development that will not compromise the future redevelopment of the Mall, as contemplated in the South Keys to Blossom Park, Bank Street Secondary Plan. Given that a click and collect facility is a newly introduced land use term, it is not inlcuded in the list of minor forms of development that may

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occur without lifting the holding symbol. The proposed amendment would include a click and collect facility in a stand-alone building with a maximum area of 60 square metres, as an additional form of development that is permitted without lifting the holding symbol.

Provincial Policy Statement

Staff have reviewed the report recommendations and have determined they are consistent with the Provincial Policy Statement, 2014.

RURAL IMPLICATIONS

Rural implications are explained in Documents 3 and 4.

PUBLIC CONSULTATION

Public notification was undertaken in accordance with the Council-approved Public Notification and Public Consultation Policy. No comments were received.

COMMENTS BY THE WARD COUNCILLORS

This is a city-wide report – not applicable.

LEGAL IMPLICATIONS

There are no legal impediments to adopting the recommendations outlined in this report.

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications association with the recommendation in this report.

FINANCIAL IMPLICATIONS

There are no direct financial implications.

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ACCESSIBILITY IMPACTS

There are no accessibility implications associated with this report.

ENVIRONMENTAL IMPLICATIONS

There are no direct environmental implications.

TERM OF COUNCIL PRIORITIES

This report addresses the following Term of Council Priority:

SE1 – Improve the client experience through established service expectations.

SUPPORTING DOCUMENTATION

Document 1 Location Maps

Document 2 Zoning Details for review by Planning Committee

Document 3 Zoning Details for review by Agriculture and Rural Affairs Committee

Document 4 Zoning Details for review by Planning Committee and Agriculture and Rural Affairs Committee

DISPOSITION

City Clerk and Solicitor Department, Legislative Services, to notify, Program Manager, Assessment Section, Billing, Assessment & Tax Policy Unit, Deputy City Treasurer Revenue Branch (26-76)

Planning, Infrastructure and Economic Development Department to prepare the implementing by-laws, forward to Legal Services and undertake the statutory notification.

Legal Services to forward the implementing by-laws to City Council.

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Document 1 – Location Maps

Figure 1 (562 Somerset Street West)

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Figure 2 (Part of 355 Cooper Street)

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Figure 3 (Part of 5660 Flewellyn and part of unaddressed parcel on Flweellyn Road)

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Figure 4 (3613 Ashton Station Road)

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Figure 5 (100 Rossignol Crescent)

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Figure 6 (Proposed Schedule 281)

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Document 2 – Zoning details for review by Planning Committee

Amendments for review by Planning Committee

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Zoning details

Exception [2071]

(628 Industrial Road)

Ward 18

Amend Exception [2071] by adding the following to Column V:

" - maximum front yard setback is 3 metres"

562 Somerset Street West

Ward 14

Amend Part 18 of the Zoning By-law (Zoning Map) as shown in Document 1, Figure 1.

Exception [1629]

3591 Innes Road

Ward 2

Amend Exception [1629] by deleting the words "minimum number of parking spaces" from Column V and replacing them with the words "maximum number of parking spaces".

Exception [401]

94, 100 and 130 Corinth Private and 100 Edo Private

Add "dwelling unit" as a permitted use

Ward 9

Amend Exception [401] by adding the use "dwelling unit" to the additional permitted uses in Column IV, before the words "townhouse dwelling", so that it reads

"- the residential uses listed under Subsection 187(2) except for dwelling unit, townhouse dwelling, apartment, low-rise, and apartment, mid-high rise".

197 (9)(e)

Stittsville Main Street TM9 Subzone

Remove 3 metre maximum interior side yard setback requirement.

To amend Section 197(9)(e) to include 197(3)(d)(i) as a non-applicable yard setback requirement in the TM9 subzone.

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Ward 6

238 Britannia Road

R2R[2114] H(8)

Ward 7

Amend Column V – Provisions, of exception [2114] in Section 239 – Urban Exceptions, by adding the following provision,

“-minimum lot width: 4.5 metres”

Part of 355 Cooper Street

R5B [970]

Ward 14

Rezone the subject lands from R5B[970] to R5B[970] F(3.0), as shown in Document 1, Figure 2.

137 George Street

MD2[2031] S307

To correct an error regarding parking provisions

Ward 12

Amend Column V – Provisions, of exception [2031] in Section 239 – Urban Exceptions, by adding the following provision,

“-despite Section 193(6), five surface parking spaces are permitted at 137 George Street.”

Part of 175 Main Street

R5B[2308]

To identify the front lot line for certain parcels of land in the subdivision

Ward 17

Amend Exception 2308 by adding to column V the text,

“- the front lot line is deemed to be that which abuts De Mazenod Avenue”

Part of 100 Rossignol Amend the zoning boundary between the IP10[297] F(0.5) H(14) zone and the GM[1925] S281-h zone as shown on

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Crescent

To correct the zoning boundary between two zones at 100 Rossignol Crescent.

Document 1, Figure 5.

Schedule 281 with the schedule shown on Document 1, Figure 6 to reflect the same zoning boundary as noted above.

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Document 3 – Zoning details for review by Agriculture and Rural Affairs Committee

Amendments for review by Agriculture and Rural Affairs Committee

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Zoning details

Section 211-212, Agricultural (AG) Zone and AG1, AG2 and AG3 subzones

Minimum lot size for agricultural use as an accessory use to a dwelling.

Rural Areas – City Wide

1) Amend Section 211 by deleting the words "limited to a stable and the keeping of horses" from Section 211(5).

2) Amend Section 212 by

a) Adding a new provision as Section 212(2) as follows:

"(2) Despite Subsection 212(1), an agricultural use may also be permitted as an accessory use to a detached dwelling on a lot of 0.8ha or larger in area.”;

b) Renumbering the existing Sections 212(2), 212(3) and 212(4), as Sections 212(3), 212(4) and 212(5) respectively; and

c) Amending any By-law reference to Sections 212(2), 212(3) or 212(4) to refer to Section 212(3), 212(4) or 212(5), respectively.

3613 Ashton Station Road

Add exception to allow detached dwelling

Ward 21

(1) Amend Part 18 of the Zoning By-law (Zoning Maps) as shown on Document 1, Figure 4.

(2) Amend Part 17 (Exceptions) by adding the following Exception XXXr:

I

Exception Number

II

Applicable Zone

III

Additional Land Uses

Permitted

IV

Land Uses

Prohibited

V Provisions

XXXr MR[XXXr] detached 30m minimum

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dwelling front, rear, and side yard setbacks required for a detached dwelling.

Part of 5660 Flewellyn Road and part of unaddressed parcel on Flewellyn Road

Ward 21

Rezone Area A from AG2 to RI5 [xxxr] and Area B from RI5 to AG3, as shown in Document 1, Figure 3.

Amend Section 240 by adding a new exception [xxxr], Column III – Additional Land Uses Permitted to read,

“-agricultural use”

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Document 4 – Zoning details for review by Planning Committee and Agriculture and Rural Affairs Committee

Amendments for review by Planning Committee and Agriculture and Rural Affairs Committee

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Section 54 (Definitions)

Definition of "recreational and athletic facility"

City-wide

Amend the definition of "recreational and athletic facility" by:

1) deleting the word "public"; and

2) replacing the words "and / or used to provide" with the words "and which may include as part of this"

So that the definition reads:

Recreational and athletic facility means a place designed and equipped with facilities such as a swimming pool, squash or tennis courts, sports arena, gymnasia, weight-lifting and exercise rooms and used for recreational, fitness or athletic pastimes and which may include as part of this instruction in such pastimes, and an ancillary sports field. (installation récréative et sportive)

New provisions for Click and Collect Facilities

City-wide

Amend Section 54 – Definitions by adding the following new land use term,

Click and collect facility – a delivery location where on-line purchases or other products may be picked up or returned by the consumer, and may include a retail use, retail food store and a personal service business, limited to a drycleaning outlet.

Amend the following sections of the Zoning By-law by adding click and collect facility as an additional permitted use:

AM – Arterial Mainstreet - Section 185(1)

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GM – General Mixed-Use – Section 187(1) LC – Local Commercial – Section 189(1) MC – Mixed-Use Centre – Section 191(1) MD – Mixed-Use Downtown - Section 193(1) TD – Transit-Oriented Development – Section 195(1) TM – Traditional Mainstreet – Section197(1) RC - Rural Commercial – Section 217(1) VM – Village Mixed-Use – Section 229(1) Rapid Transit Network – Section 87(3) Add the following provisions for click and collect facilities to Section 81 of Part 3 – Specific Use Provisions,

Section 81 – Provisions for Click and Collect Facilities

(1) A click and collect facility is subject to the following provisions:

(a) in the AM10, LC, MD, TD, TM and VM zones, a click and collect facility must be located in a building with another permitted use in the zone;

(b) despite Section 81(1)(a), in the AM10, LC, MD, TD, TM and VM zones, a click and collect facility may be a single occupancy in a stand-alone building in existence as of September 14, 2016;

(c) when located in a stand-alone building as a single occupancy, a minimum of 30% of the total surface area of the walls of the first storey of the building must be transparent glazing;

(d) where a click and collect facility is a single occupancy located in a stand-alone building, the building is not subject

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to the minimum building height provisions in that zone;

(e) in the AM10, LC, MD, TD, TM and VM zones, or when located in a rapid transit network station, no new parking may be provided for a click and collect facility;

(f) in the AM (excluding the AM10 subzone), GM, MC, and RC zones, no parking is required for a click and collect facility;

(g) in any zone where a click and collect facility is permitted, and despite Sections 81(1)(e) and 100(1), parking spaces associated with any other use on the lot may also be used for parking associated with a click and collect facility without rendering any other use on the lot non-complying with minimum parking requirements.

Amend Section 239 – Urban Exceptions by adding the following provision in Column V of exception [2284],

“- a click and collect facility in a single occupancy, stand-alone building, limited to a gross floor area of 60 square metres, is permitted without the need to lift the holding provisions”