6. COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD

RÈGLEMENT GÉNÉRAL DE ZONAGE 2008-250 : APPELS AUPRÈS DE LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO

AGRICULTURE AND RURAL AFFAIRS COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATIONS

That Council approve:

1. The amendments recommended in Column 4 of Document 1, to resolve certain appeals to By-law 2008-250, and to forward them to the Ontario Municipal Board; and

2. The amendments recommended in Column 4 of Document 2, to resolve certain appeals to By-law 2008-250, and to forward them to the Ontario Municipal Board.

RECOMMANDATIONS DU COMITÉ DE L’AGRICULTURE ET DES QUESTIONS RURALES ET DU COMITÉ DE L’URBANISME ET DE L’ENVIRONNEMENT

Que le Conseil approuve :

1. les modifications recommandées dans la Colonne 4 du Document 1 afin de résoudre certains appels du Règlement 2008-250 et de les transmettre à la Commission des affaires municipales de l’Ontario;

2. les modifications recommandées dans la Colonne 4 du Document 2 afin de résoudre certains appels du Règlement 2008-250 et de les transmettre à la Commission des affaires municipales de l’Ontario.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated 25 June 2008 (ACS2008-PTE-PLA-0196).

Report to/Rapport au:

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and/et

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

8 September 2008 / le 8 septembre 2008

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

Directrice municipale adjointe,

Planning, Transit and the Environment

Urbanisme, Transport en commun et Environnement

Contact Person/Personne-ressource : Richard Kilstrom, Manager/Gestionnaire, Community Planning and Design/Aménagement et conception communautaire, Planning Branch/

Direction de l’urbanisme

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

City Wide/à l'échelle de la Ville

Ref N°: ACS2008-PTE-PLA-0196

SUBJECT:	COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD

OBJET :	Règlement général de zonage 2008-250 : appels auprès de la commission des affaires municipales de l’ontario

REPORT RECOMMENDATIONS

1. That the Planning and Environment Committee recommend that Council approve the amendments recommended in Column 4 of Document 1, to resolve certain appeals to By-law 2008-250, and to forward them to the Ontario Municipal Board; and

2. That Agriculture and Rural Affairs Committee recommend that Council approve the amendments recommended in Column 4 of Document 2, to resolve certain appeals to By-law 2008-250, and to forward them to the Ontario Municipal Board.

RECOMMANDATIONS DU RAPPORT

1. Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver les modifications recommandées dans la Colonne 4 du Document 1 afin de résoudre certains appels du Règlement 2008-250 et de les transmettre à la Commission des affaires municipales de l’Ontario;

2. Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications recommandées dans la Colonne 4 du Document 2 afin de résoudre certains appels du Règlement 2008-250 et de les transmettre à la Commission des affaires municipales de l’Ontario.

BACKGROUND

On June 25, 2008 City Council adopted the new Comprehensive Zoning By-law 2008-250 which affects all properties within the City. By-law 2008-250 replaces the 36 zoning by‑laws of the former municipalities that were amalgamated in 2001. Notice of adoption was placed in The Citizen and Le Droit on June 27, 2008 and was mailed to all persons and public bodies who had made submissions throughout the public consultation process that started in May 2006; or made a request to be notified of adoption. The last day to appeal By-law 2008-250 was July 17, 2008. The required information was forwarded to the Ontario Municipal Board at the end of July. A total of 77 appeals were received, however, as of the end of August, some 18 or so were disqualified, as the appellants had not made any submissions on the Comprehensive Zoning By‑law prior to its adoption.

DISCUSSION

During deliberations on the new Comprehensive Zoning By-law in April 2008, City Council directed that staff secure a hearing of the Ontario Municipal Board in the fall in order to deal quickly with the un-appealed parts of the Comprehensive Zoning By-law. The Ontario Municipal Board has set aside the week of October 20, 2008 for a pre-hearing on By-law 2008-250.

Staff would like to bring forward to the Ontario Municipal Board pre-hearing, a few amendments to By-law 2008-250; which are contained in Documents 1 and 2, that will resolve some appeals where it has been determined that the suggested changes are supportable from a policy perspective or zoning approach. Note that given the limited amount of time available to staff to review the appeals and meet the timelines to complete this report in order for Council to consider these changes prior to the October pre-hearing, only changes that were relatively simple to include in the report are brought forward at this time. It should be noted that the anomaly report that was considered by Council on August 28, 2008, will also likely resolve a number of appeals to By-law 2008-250.

It is anticipated that following the pre-hearing, those parts of By-law 2008-250 that have not been appealed can be approved by the Ontario Municipal Board thereby repealing the parallel provisions of former municipal by-laws. The intent would be to expedite this process in order to reduce the cumbersome administrative processes resulting from the application of two or three Zoning By-laws for each property.

CONSULTATION

Appellants affected by the changes noted in Documents 1 and 2 have been notified of the Committee meeting.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

Document 1 List of Changes to Zoning By-law 2008-250 for consideration by Planning and Environment Committee - Urban Area

Document 2 List of Changes to Zoning By-law 2008-250 for consideration by Agriculture and Rural Affairs Committee- Rural Area and Greenbelt

Document 3 Site-specific Lands Affected Maps

DISPOSITION

Planning, Transit and Environment Department to prepare the implementing by-law and forward to City Manager’s Office, Legal Services Branch

Legal Services Branch to bring forward report and by-law to Ontario Municipal Board.

LIST OF CHANGES TO ZONING BY-LAW 2008-250

FOR CONSIDERATION BY PLANNING AND

ENVIRONMENT COMMITTEE - Urban Area DOCUMENT 1

1	2	3	4
Name of Appellant and Summary of Appealed Provision/ Lands	Reason for Appeal	Staff Position	Proposed Amendment
6034454 Canada Inc. concerning 300 Greenbank Road	Rezone to recognize existing "automobile rental establishment" as per former Nepean zoning Remove O1 zone on part of site	Concur - recognize existing use as per former Nepean CA1 zoning. As well, O1 zone on a small portion of the site is an anomaly and should be corrected.	Rezone 300 Greenbank Road from GM15 H(8) and O1 to entirely GM15 H(8) and add a new exception to these lands to allow an “automobile rental establishment” as an additional permitted use
Urbandale Corporation and Greater Ottawa Home Builders Association concerning Section 102 - Minimum Visitor Parking Space Rates	Exempt multiple attached dwellings and stacked dwellings from visitor parking requirements where each dwelling unit has a private driveway on the same lot as the dwelling unit	Concur - in cases where the dwelling units are severed and where there are individual driveways, typically located in front of the required parking space for the dwelling unit (ie. in front of garage or carport), it is difficult to implement a requirement for visitor parking, in that for every 5 or 10 units, there is no area that is a common area where the one visitor parking space is to locate. Developments of multiple attached or stacked dwellings that have frontage on a public street should be planned so that their required parking is set back far enough from the street line to accommodate an additional vehicle.	Delete Sections 102(1) and 102(2) and replace with a new Section 102(1) which states: “In the case of a multiple attached dwelling or stacked dwelling, where each dwelling unit has a driveway accessing a garage or carport located on the same lot as that dwelling unit, and it is not part of a planned unit development, no visitor parking is required.”

LIST OF CHANGES TOZONING BY-LAW 2008-250

FOR CONSIDERATION BY

AGRICULTURE AND RURAL AFFAIRS COMMITTEE Document 2

1	2	3	4
Name of Appellant and Summary of Appealed Provision/ Lands	Reason for Appeal	Staff Position	Proposed Amendment
Thomas Cavanagh Construction Ltd. concerning West Carleton and Kinburn Quarries (Lot 14 and 15, Con. 11, Huntley and Lot 4, Con.4, Fitzroy)	Add "small arms, rifles and explosives outdoor testing and training area" to recognize existing use on both sites- proposed ME Zone does not reflect these uses	Concur - this was intended to be recognized in new by-law but was unintentionally omitted (anomaly)	Rezone both West Carleton and Kinburn Quarries (Lot 14 and 15, Con. 11, Huntley and Lot 4, Con.4, Fitzroy) to add a new exception that allows "small arms, rifles and explosives outdoor testing and training area" as an additional permitted use
Denis Labelle concerning 3339 Klondike Road West Part of 3801 Roger Stevens Road	The site is currently zoned A2-General Rural in former Rideau Zoning By-law and currently contains a detached dwelling. The lands are not environmentally significant and should not be zoned EP2- Environmental Protection, and would be more appropriately zoned RU.	Concur - the property in question is located on the edge of lands designated as Natural Environment Area in the Official Plan. However, it has been determined that the property is not environmentally significant and the Official Plan does make allowances for the interpretation of the boundary of the Natural Environment Area designation in this situation. The zoning should be changed to RU to reflect the zoning under the former zoning by-law. Lands directly to the north of the property are similarly zoned EP2, but these lands have been acquired by the City and have been consolidated with adjacent EP3 and should be rezoned EP3 as well.	Rezone 3339 Klondike Road West from EP2 to RU-Rural Countryside. Rezone lands to the north of 3339 Klondike, known as part of 3801 Roger Stevens Road from EP2 to EP3.
Urbandale Corporation and Greater Ottawa Home Builders Association concerning Section 102 - Minimum Visitor Parking Space Rates	Exempt multiple attached dwellings and stacked dwellings from visitor parking requirements where each dwelling unit has a private driveway on the same lot as the dwelling unit	Concur - in cases where the dwelling units are severed and where there are individual driveways, typically located in front of the required parking space for the dwelling unit (ie. in front of garage or carport), it is difficult to implement a requirement for visitor parking, in that for every 5 or 10 units, there is no area that is a common area where the one visitor parking space is to locate. Developments of multiple attached or stacked dwellings that have frontage on a public street should be planned so that their required parking is set back far enough from the street line to accommodate an additional vehicle.	Delete Sections 102(1) and 102(2) and replace with a new Section 102(1) which states: “In the case of a multiple attached dwelling or stacked dwelling, where each dwelling unit has a driveway accessing a garage or carport located on the same lot as that dwelling unit, and it is not part of a planned unit development, no visitor parking is required.”