planning committee 104 comitÉ de l’urbanisme rapport...

PLANNING COMMITTEE REPORT 36 26 SEPTEMBER 2012

104 COMITÉ DE L’URBANISME RAPPORT 36

LE 26 SEPTEMBRE 2012

7. OMNIBUS ZONING BY-LAW AMENDMENTS

MODIFICATIONS OMNIBUS AU RÈGLEMENT SUR LE ZONAGE

AGRICULTURE AND RUAL AFFAIRS COMMITTEE RECOMMENDATION That Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Document 2.

PLANNING COMMITTEE RECOMMENDATION AS AMENDED

That Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Documents 1 and 2, and as shown in Document 3, and that there be no further notice pursuant to Section 34(17) of the Planning Act.

RECOMMANDATION DU COMITÉ DE L’AGRICULTURE ET DES AFFAIRES RURALES

Que le Conseil municipal approuve des modifications au Règlement sur le zonage 2008-250 afin de modifier le zonage tel qu’il est exposé en détail dans le Document 2.

RECOMMANDATION MODIFÉE DU COMITÉ DE L’URBANISME

Que le Conseil municipal approuve des modifications au Règlement sur le zonage 2008-250 afin de modifier le zonage tel qu’il est exposé en détail dans les Documents 1 et 2, et montré dans le Document 3, et qu’aucun autre avis ne soit diffusé conformément au paragraphe 34(17) de la Loi sur l’aménagement du territoire.

DOCUMENTATION / DOCUMENTATION 1. Deputy City Manager's report, Planning and Infrastructure, dated 16 August 2012

(ACS2012-PAI-PGM-0111). 2. Extract of Draft Minutes, Planning Committee, 11 September 2012




Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des affaires rurales

and / et

Planning Committee

Comité de l'urbanisme

and Council / et au Conseil

August 16, 2012

16 août 2012

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/ Directrice municipale adjointe,

Planning and Infrastructure / Urbanisme et infrastructure

Contact Person / Personne ressource: Richard Kilstrom, Manager/Gestionnaire, Policy Development and Urban Design/Élaboration de la politique et conception

urbaine, Planning and Growth Management/Urbanisme et Gestion de la croissance Élaboration de la politique et conception urbaine

(613) 580-2424 x22653, [email protected]

CITY WIDE / À L‟ÉCHELLE DE LA VILLE Ref N°: ACS2012-PAI-PGM-0111

SUBJECT:

OMNIBUS ZONING BY-LAW AMENDMENTS

OBJET :

MODIFICATIONS OMNIBUS AU RÈGLEMENT SUR LE ZONAGE

REPORT RECOMMENDATIONS 1. That the Agriculture and Rural Affairs Committee recommend Council

approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Document 2.

2. That the Planning Committee recommend Council approve amendments to

the Zoning By-law 2008-250 to change the zoning as detailed in Document 1 and as shown in Document 3.

mailto:[email protected]




RECOMMANDATIONS DU RAPPORT 1. Que le Comité de l’agriculture et des affaires rurales recommande au

Conseil municipal d’approuver des modifications au Règlement sur le zonage 2008-250 afin de modifier le zonage tel qu’il est exposé en détail dans le Document 2.

2. Que le Comité de l’urbanisme recommande au Conseil municipal

d’approuver des modifications au Règlement sur le zonage 2008-250 afin de modifier le zonage tel qu’il est exposé en détail dans le Document 1 et montré dans le Document 3.

BACKGROUND

The City adopted Comprehensive Zoning By-law on June 25, 2008. The City monitors and reviews the Zoning By-law 2008-250 on a continuous basis. As interpretation and implementation issues are identified they are reviewed by staff and on occasion amendments are put forward to resolve these issues. Changes are adopted by enactment of one by-law. By-laws that deal with a variety of unrelated topics are referred to as “Omnibus” by-law amendments and are subject to the same notification and consultation requirements as any city-wide zoning amendment. This report contains recommendations for amendments to the Zoning By-law related to the review of the following topics:

Gerald Street Properties;

Transit Station Mapping;

Wyman Street Properties;

Interpretations Act References;

Outdoor Commercial Patios;

Home-based business;

Term “Multiple Attached Dwelling” replaced with “Townhouse”;

Small car parking and permissions; and,

Removal of Reference to South and East of Canadian Shield All topics with the exception of Transit Station Mapping Updates, Gerald Street, and the Wyman Street Properties require consideration by both Agriculture and Rural Affairs and Planning Committees as they affect properties city wide. Document 1 contains the topics and details of proposed amendments to be considered by Planning Committee only. Document 2 contains the topics and details of proposed amendments to be considered by both Planning Committee and Agriculture and Rural Affairs Committee. Document 3 contains the Maps associated with items contained in Document 1.




The effect of the various amendments will be to: update the by-law with current legislation references; bring some site specific existing non-conforming development into conformity; clarify various definitions and zone provisions; and, introduce some new zone provisions where there were none previously or where the intent of the Zoning By-law was not being achieved under the existing provisions. RURAL IMPLICATIONS

Amendments with implications for the rural areas are outlined in Document 2. CONSULTATION

Details of the consultation can be found in Document 4. COMMENTS BY THE WARD COUNCILLORS

Councillor Deans is aware of the Wyman Street changes. Councillor Hobbs and Councillor Blais requested clarification on the changes proposed related to Outdoor Commercial Patios. Councillor El-Chantiry supports the recommendation on establishing a distance from an outdoor patio to a residential zone at which a building, structure, fence, wall will not be required. 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

There are no environmental implications associated with this report. TECHNOLOGY IMPLICATIONS

There are no technology implications associated with this report. TERM OF COUNCIL PRIORITIES

SE1 – Ensure a positive experience for every client interaction TM2 – Maximize density in and around transit stations SUPPORTING DOCUMENTATION

Document 1 Details of Recommended Zoning – Planning Committee Document 2 Details of Recommended Zoning – Planning Committee and Agriculture

and Rural Affairs Committee Document 3 Zone Maps Document 4 Consultation Details DISPOSITION

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76), and all those who requested notification, 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




DETAILS OF RECOMMENDED ZONING – Planning Committee DOCUMENT 1

Item I

Objective of Amendment II

Proposed Amendment III

1. Properties known as 960 and 968 Old Montreal Road and 1327 to 1449 Gerald Street in former Cumberland (Ward 1)

These lots are currently zoned R1HH[677]. The exception provisions state: “no severances are permitted.” These words are ultra vires as Section 34 of the Planning Act does not permit municipalities to prohibit severances that are otherwise permitted under Section 44 of the Planning Act. This area, although within the Urban Boundary, is not on urban services. The area was designated a Special Policy Area (Maisonneuve Hamlet) in the former Cumberland Official Plan. This policy indicated that further study would be required prior to development, including the study of: servicing; final alignment of Trim Road; limit of Open Space designation, and how it would be protected and acquired. The policy included the following: “Very limited severance activity may be permitted if it can be demonstrated that the proposed severances will not detrimentally affect the future options available for the land”. This special policy was not brought forward into the Official Plan following amalgamation, but was replaced by the severance prohibition in the Zoning By-law. To implement the

1. Amend Part 15, Section 239, Exception [677] to remove the current wording “no severances are permitted” and replace it with the following zone provisions: -minimum lot width: 23 m -minimum lot area: 1,390 m2. 2. Amend Part 15, Section 239 to create a new exception R1HH[xxxx]for 1327 Gerald Street and add the following provisions to Column V: -minimum lot width: 30 m - minimum lot area: 2,500 m2; 3. Amend Part 15, Section 239 to create a new exception R1HH[xxxy]for 1444 and 1449 Gerald Street and add the following provisions to Column V: -minimum lot width of 30 m -minimum lot area of 8,000 m2 4. Amend Part 18, Zoning Map to rezone the lands at 1327 Gerald Street, and 1444 and 1449 Gerald Street from R1HH[677] to R1HH[xxxx] and R1HH[xxxy] as per Map 1, Document 3 hereto.




intent of the former Cumberland Special Policy Area, area- or site-specific exceptions recognizing existing lot sizes will assist in regulating the possibility of severances, while recognizing that applications for severance may be filed pursuant to Section 44 of the Planning Act. The existing zone provisions of the R1HH zone prohibit severance on most of the lots. 1327, 1444 and 1449 Gerald Street are larger lots. Zone provisions have been specifically tailored for these lots and exceptions created to set minimum lot areas and minimum lot widths to maintain the intent to not permit severance.

2. Transit Station locations

Schedules 2A and 2B were adopted in 2008. The proposed update will add in several existing rapid transit stations and a rapid transit station and park and ride lot that will be built in the near future. Official Plan Amendment #76 states in Section 2.3.1 policy 44, Parking, subsection d) To continue to regulate both the minimum and maximum parking requirements for development within 600 metres of existing and proposed rapid transit stations, recognizing that regulations may vary in response to the contextual influenced of the geographic location and the stage of the rapid transit

1. Amend Part 17, Schedule 2A as follows, as per Map 2, Document 3 hereto:

a) Add Riverview (Riverside South – route 99 and future route 94)

b) Add Terry Fox (Kanata – route 96)

c) Add Chapman Mills/Woodroffe (Strandherd and Chapman Mills in Barrhaven- route 94)

d) Add Market Place (Barrhaven – route 95)




development. The Zoning By-law provisions for lands within 600 metres of rapid transit station will be amended to respond to any changes or expansions of the rapid-transit network. [Amendment #76, OMB File #PL100206, August 18, 2011] This same policy is cross-referenced in the Review of Development Applications Section 4.3 policy 4. OPA #76 which introduces density targets in Mixed-Use Centres, Town Centres, Arterial Mainstreets and the Community Core of Riverside South. The proposed Zoning By-law schedule changes will provide for more consistency with the set of rapid transit stations that are identified in the Development Charges By-law 2009-216 in Section 9 – Development in the Vicinity of Transit Station which indentified such as lands within 600 m of an identified existing or proposed rapid transit station, with the latter as being those rapid transit stations identified in an approved Environmental Assessment.

e) Add Barrhaven Centre (Barrhaven – route 95)

2. Amend Part 17, Schedule 2B as follows, as per Map 3, Document 3, hereto:

a)Add existing station Blair (Blair routes 94 and 95)

b) Add existing station Place d’Orléans (Place d‟Orleans – route 95)

c) Clarify the location of the transitway corridor between Chapel Hill South and Blair Stations.

3. 3442 to 3473 Wyman

Previous zoning by-laws in 1960 and 1984 permitted semi-detached dwellings. Notwithstanding that the lots have all been developed with semi-detached dwellings in 1999 a zoning was placed on the

1. Amend Part 18, Zoning Map to rezone the lands known as 3442 to 3473 Wyman Crescent from R1WW to R2Q as shown on Map 4,




properties which made the properties non-conforming. The 1999 zoning was carried over into the 2008 City of Ottawa Zoning By-law. Currently the lots are zoned R1WW (Residential First Density Subzone WW). The proposed amendment will place the lots in an R2Q zone. Moving from R1WW to R2Q adds the following residential uses to the properties: semi-detached dwelling; duplex dwelling; and linked detached dwelling. This will provide the existing semi-detached dwellings with conforming status in the Zoning By-law which will facilitate re-construction and additions or replacement with detached dwellings. Lots where rear yards and interior side yards do not currently comply will remain non-complying under R2Q.

Document 3.




DOCUMENT 2 DETAILS OF RECOMMENDED ZONING – Planning Committee and Agriculture and Rural Affairs Committee

Item I

Rationale for Amendment

II


1. Interpretation Act references

The proposed amendment updates the references in the by-law to the latest Legislation. The 1990 Interpretations Act was repealed July 25, 2007, replaced by the 2006 Interpretations Act.

1. Amend Part 1, Section 13 deleting “1990” and replacing with “2006”.

2. Outdoor Commercial Patios

The following changes are proposed: 1.Minor word changes in the definition to clarify. 2.Add the word “Commercial” where only “Outdoor Patio” has been used in the exceptions in the by-law. 3. Moving the exemption in the General Provisions related to parking for outdoor commercial patios from Section100(4) to Section 85. 4.Adding the word “fence” and the reference to mitigating light in 85(3)(b) to clarify that this requirement relates to both light and noise. 5.Setting a maximum distance where a building, structure, fence or wall is not automatically required.

The interpretation of the Section would be that:

A patio is not permitted unless it is a minimum of

1. Amend Part 1, Section 54 by deleting the definition for Outdoor Commercial Patio and replacing with the following:

Outdoor Commercial patio means an outdoor seating area, operated as part of a restaurant, bar, place of assembly or nightclub.

2. Add the word “Commercial” in all instances throughout the by-law where “outdoor patio” has been used instead.

3. Remove the words “or for an outdoor commercial patio” from 100(4) and add a clause in Section 85 after 85(4) to say “No additional parking is required for an outdoor commercial patio”, and renumber as necessary.

4. Delete section 85(3)(b) and replace as follows: “it is screened and physically separated from the residential zone by a




Item I


II


30 metres from the residential zone and,

If the patio is between 30 and 75 metres from the residential zone, a building, structure or wall between the patio and the residential zone is required.

Patios proposed to be located 75 metres or more from the residential zone will not require a building, structure, fence or wall between the residential zone and the patio. This could result, for example, with an open field, street, storm water pond or a paved parking lot between the patio and the residential zone the by-law not requiring a building, structure, fence or wall.

In the majority of cases the lot on which the Outdoor Commercial Patio will be located will be subject to site plan control which provides the City with the ability to consider whether or not to require proof of no impacts from lighting on abutting uses and the ability to require appropriate screening if deemed necessary or required over and above the physical 75 metre separation.

building, structure, fence or wall that is at least 2 metres in height so as to mitigate both light and noise from the outdoor patio.”

5. Add a new clause to Section 85(3): 85(3)(c) “Where an outdoor commercial patio is located 75 metres or more from a residential zone the provisions of 85(3)(b) shall not apply.”




Item I


II


In urban and suburban situations patios are, for the most part, closer than 75 metres to residential zones and will continue to require the building, structure, fence or wall.

The cut off for requiring the building, structure or wall will provide some flexibility for the rural area and for situations where there are lower densities and major road ways, massive parking lots, storm water ponds, lawns etc., between the proposed patios and residential zones.

3. Home-based Businesses

There have been interpretation concerns regarding the use of the word „one‟ in Section 127(3) when referring to the maximum number of on-site, non-resident employees and the term “one” in Section127(5) when referring to the number of clients or customers that may be served or attended to on-site. In Section 127(3), the number „one‟ has meant “one” on-site employee only, with no limit on off-site employees. The reference to “one” in Section 127(5) has been interpreted to include one “client group”. For example, a family therapist could have all members of one family at a session

1. Amend Part 5, Section 127, to delete clause (5) in its entirety, and renumber subsequent clauses accordingly and change any reference to those clause numbers as required.




Item I


II


etc., and would be considered one client group. In order to avoid the continued confusion of using of the term “one” in both clauses with different interpretations, staff proposes deleting Section 127(5) in its entirety. This will remove the restriction on the number of clients permitted on-site. It is the opinion of staff that given the varying nature of home-based businesses, it is reasonable to recognize that some businesses will have a “client group”. Land use impacts including traffic and parking-generated will permit enforcement should a home-based business abuse the intent of the home-based business provisions. The zoning provisions are enforced by complaint, and based on how the business „performs‟. The nature of the regulations, is to ensure that the secondary use does not take over the primary function of the building and lot, and that it must not become a nuisance to neighbours.




4. Multiple attached dwelling

The original intent was to have the term “multiple attached dwelling” more openly defined to allow various forms of multiple attached dwellings. The definition of „multiple attached dwelling‟ as was included in the Zoning By-law limits the units to being divided vertically and to the type of development that is commonly referred to as “townhouse”. The proposal is to replace the words “multiple attached” with the word “townhouse” throughout the Zoning By-law.

1. Amend the Zoning By-law by replacing the term “multiple attached dwelling” with the term “townhouse dwelling” throughout the entirety of the Zoning By-law.

5. Small Car Parking

It is recommended to permit up to 40% of the required parking in a parking lot or parking garage of more than 20 spaces to be reduced to a minimum of 4.6m in length and/or 2.4m in width, provided that each reduced-length parking space be clearly identified for “small cars only”. Driven by rising gas prices and growing awareness of the effects of greenhouse gas emissions, vehicles in Canada are getting smaller. An ever-higher proportion of auto-makers‟ product lines are dedicated to compact, sub-compact, and more recently, microcars. A study by Natural Resources Canada estimated the market share of compact and

Amend Section 106 – Parking Space Provisions. Delete the first sentence of subsection (3) and replace with the following: “(3) Despite subsection (1), parking spaces, other than visitor and parallel parking spaces, may be reduced in size for the following cases:” Delete subsection (3)(b) in its entirety and renumber accordingly. Renumber (3)(a) to (3)(b) and add the words "up to" at the beginning of the clause and the words "may be reduced to a minimum width of 2.4 metres" at the end of the clause Insert a new subsection 3(a) as follows:




subcompact cars in Canada at approximately 40% in 2010, and as of spring 2012, 47% of the twenty top-selling vehicles sold in Canada were 4.6 metres in length or less. Allowing for reductions in the hard surfaces of parking lots can have several benefits, including the potential for decreased burden on infrastructure resulting from reduced stormwater runoff, and greater opportunities for urban intensification. This proposed amendment is supported at both the provincial and municipal level. The Ontario Ministry of Transportation, in its Transit-Supportive Guidelines, recommends the provision of priority parking for small cars, which occupy less space, as an incentive to encourage the most efficient use of parking areas. The Official Plan, in its growth management objectives, endorses compact, efficient land-use patterns that will aid in preserving the natural environment and reduce the consumption of land outside the urban boundary. In support of this objective, section 2.2.2, policy 12d states that in order to promote

“(a) up to 40% of the required parking spaces may be reduced to a minimum width of 2.4 metres and a minimum length of 4.6 metres (i) where the parking space is located in a parking lot or parking garage containing more than 20 spaces, and (ii) provided any reduced length space is clearly identified for small cars only;” Add the words "up to" at the beginning of clause (3)(c) and the words ", may be reduced to a minimum width of 2.4 metres" at the end of the clause Renumber accordingly.




compact, mixed-use development and achieve density targets, the City will “consider how to reduce the amount of land used for parking, through such measures as reductions in parking standards….” Furthermore, section 2.3.1, policy 44 outlines the City‟s strategic objectives related to parking, which includes support for intensification by minimizing the amount of land devoted to parking.

6. Remove References to “South and East of the Canadian Shield”

Official Plan Amendment #76 as approved by the Ontario Municipal Board removed the words “South and East of the Canadian Shield” from the Official Plan. Accordingly the words are required to be removed from the Environmental Protection (EP) zone.

Amend Part 9 to delete “South and East of the Canadian Shield” in the second line of the introductory Section; Amend Part 9 (1) to delete “(south and east of Canadian Shield)” in the second line.




ZONE MAPS DOCUMENT 3

MAP 1




MAP 2




MAP 3




MAP 4




CONSULTATION DETAILS DOCUMENT 4 NOTIFICATION AND CONSULTATION PROCESS Notification was undertaken in February and August 2012, in accordance with the Public Notification and Public Consultation Policy approved by City Council for City Wide Zoning By-law amendments. The commenting period for the following topics commences August 16th and ends September 5th. Details of consultation will be provided to Committee at the September 6th meeting of Agriculture and Rural Affairs.

1. Home-based Business – Part 5, Section 127, to delete clause 5 2. Parking – Part 4, Section 106 – small car parking and permissions

PUBLIC COMMENTS Most all comments received on topics were general in nature requesting clarification of what is being proposed. No specific comments or questions were received from the public on the following topics: Transit Station Mapping Updates Outdoor Commercial Patios Wyman Street Properties Interpretations Act Reference Update Replacing term Multiple Attached Dwelling with Townhouse Dwelling Removing Wetland references Gerald Street Properties: Gerald Street: Staff heard from one resident who hoped to sever his lot. Staff heard from one resident who opposed any change that would permit severance of the lots. There were approximately 10 calls from residents who were confused and thought that the notice of this change related to letters they received in 2011 advising them of the costs associated should they wish to pursue services in the area. Question: Do the changes in the by-law allow for severance of the existing lots? Staff response: No. The changes set minimum lot areas and minimum lot frontages that do not permit severance of the existing parcels.




Question: Will exception [667] be deleted? Staff response: No. The by-law proposes to delete the current wording in the exception as the current wording is ultra vires and replacing it with minimum lot width and minimum lot areas to achieve the same result. Two new exceptions are proposed for other areas of the development setting up minimum lot widths and areas to also achieve the original intent not to permit severance. Question: Will the changes to the zoning affect the property taxes in the area. Staff response: As the proposed amendment does not anticipate additional development potential on the lands, and as taxes are based on land value and assessment, and not specifically on zoning, Staff does not anticipate any impact on taxes. PUBLIC MEETING COMMENTS No public meetings were held. COMMUNITY ORGANIZATION COMMENTS Staff received requests for clarification and notification from the following Community Associations. Lowertown Community Association Dalhousie Community Association Katimavik-Hazeldean Community Association




EXTRACT OF DRAFT PLANNING COMMITTEE MINUTES 40 11 SEPTEMBER 2012

EXTRAIT DE L’ÉBAUCHE DU PROCÈS-VERBAL 40

COMITÉ DE L’URBANISME LE 11 SEPTEMBRE 2012

OMNIBUS ZONING BY-LAW AMENDMENTS ACS2012-PAI-PGM-0111 CITY-WIDE

PLANNING COMMITTEE REPORT RECOMMENDATION: That the Planning Committee recommend Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Document 1 and as shown in Document 3. This item was first considered at the Agriculture and Rural Affairs Committee meeting of 6 September 2012:

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT RECOMMENDATION: That the Agriculture and Rural Affairs Committee recommend Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Document 2.

CARRIED

At the Planning Committee meeting of 11 September 2012, a written submission was received from the following party in opposition to the report recommendation:

Mr. Michael Polowin (Gowlings)*, on behalf of Prestwick Bldg. Corp., Haslett Construction Inc., the Greater Ottawa Home Builders‟ Association, Marino (Ottawa) Group, Ltd., Uniform Urban Developments and Surface Developments, Inc.

[ * 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. ] Staff had requested that Committee approve a technical amendment to this item to ensure that the Planning Committee recommendation included changes proposed not only in Document 1 and shown in Document 3, but also for those City Wide Issues detailed in Document 2 in the report. Vice-Chair Harder moved the following:




MOTION NO PLC 40/3

Moved by Councillor J. Harder: That the Planning Committee recommend Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Documents 1 and 2, and as shown in Document 3, and that there be no further notice pursuant to Section 34(17) of the Planning Act. CARRIED The report recommendations were then put to Committee and were CARRIED, as amended by Motion No PLC 40/3.