4. COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (FIFTH REPORT)

RÈGLEMENT GÉNÉRAL DE ZONAGE 2008-250 : APPELS À LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (CINQUIÈME RAPPORT)

Committee recommendation

(This matter is subject to Bill 51)

That Council approve the amendments recommended in Column 4 of Document 1, to resolve certain appeals to By law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board.

Recommandation DU Comité

(Cette question est assujettie au Règlement 51)

Que le Conseil approuve les modifications recommandées dans la Colonne 4 du Document 1 afin de résoudre certains appels du Règlement 2008-250 et de transmettre un règlement incorporant les modifications requises à la Commission des affaires municipales de l’Ontario.

Documentation

1. Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 12 May 2009 (ACS2009-ICS-PLA-0083).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

12 May 2009 / le 12 mai 2009

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

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability

Services d’infrastructure et Viabilité des collectivités

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 x 22653, Richard.Kilstrom@ottawa.ca

Stittsville-Kanata West/ouest (6), Somerset (14)

Ref N°: ACS2009-ICS-PLA-0083

SUBJECT:	COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (FIFTH REPORT)

OBJET :	RÈGLEMENT GÉNÉRAL DE ZONAGE 2008-250 : APPELS À LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (CINQUIÈME RAPPORT)

REPORT RECOMMENDATION

That 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 forward a by-law incorporating the required amendments to the Ontario Municipal Board.

RECOMMANDATION DU RAPPORT

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 transmettre un règlement incorporant les modifications requises 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 that affects all properties within the City of Ottawa. By-law 2008-250 replaces the 36 zoning by laws of the former municipalities that were amalgamated in 2001. A total of 76 appeals were received, however 16 were disqualified, as the appellants had not made any submissions on the Comprehensive Zoning By-law prior to its adoption.

A first pre-hearing of the Ontario Municipal Board was held from October 20 to 23, 2008. The Ontario Municipal Board dealt with a number of matters, including a precedent making decision confirming the right of the City to determine that an appeal was invalid if no submissions were made. As well it approved the un-appealed parts of By-law 2008-250 so as to simplify administration of both former Zoning By-laws and the comprehensive Zoning By-law until all appeals to By-law 2008-250 have been dealt with. A February 25, 2009 pre-hearing of the Ontario Municipal Board was held primarily to establish hearing dates for certain appeals. Another pre-hearing was held on May 5, 2009 and additional pre-hearings are scheduled for June 26 and September 4, 2009.

DISCUSSION

Staff is continuing to review the appeals and meet and negotiate with appellants. Modifications to By-law 2008-250 that are acceptable and consistent in the approaches used through the harmonization process, have been identified in order to attempt to resolve additional appeals. These items are outlined in Document 1, with the recommended changes indicated in Column 4.

These recommendations have been discussed with the appellants who are in agreement with the negotiated resolution. The objective is to bring the associated by-law to the pre-hearing of the Ontario Municipal Board that is to be held on June 24, 2009.

CONSULTATION

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

LEGAL/RISK MANAGEMENT IMPLICATIONS:

These recommendations, if carried, will allow the resolution of certain appeals currently before the Ontario Municipal Board.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

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

Document 2 Site-specific Lands Affected Maps

DISPOSITION

Planning and Growth Management Department to prepare the implementing by-law and forward to City Manager’s Office, Legal Services.

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

LIST OF CHANGES TO ZONING BY-LAW 2008-250 FOR CONSIDER-

ATION BY PLANNING AND ENVIRONMENT COMMITTEE DOCUMENT 1

1 Name of Appellant and Summary of Appealed Provision/ Lands	2 Reason for Appeal	3 Staff Position	4 Proposed Amendment
1. Appeal #58, (a) Ward 6 613 and 5585 Hazeldean Road, Riotrin Properties (Hazeldean) Inc.	Zoning By-law 2008-250 does not fully implement the former Goulbourn zoning. The previous CLR-1, CLR-2 and CLR-3 zones were considered as one lot for zoning purposes, and were subject to a 2.5 metre wide landscaped buffer between a parking lot and an interior side lot line (new by-law requires 3 metres) and these provisions have not been carried forward to the new by-law.	Staff concur that these former provisions should be carried over to the new AM7, AM7 H(35), AM7[1569] H(35) and AM7[1570]-h zones on these lands.	1. That the subject lands be rezoned from AM7 and AM7 H(35) to AM7[xxx] and AM7[xxx] H(35) respectively, with the new exception specifying the following provisions: (a) 613 and 5585 Hazeldean Road be considered as one lot for zoning purposes (b) Despite clause 110(1)(a) and Table 110, a minimum 2.5 metre wide landscaped buffer be required between a parking lot and an interior side lot line 2. That exception [1569] be amended by adding the following provisions: (a) 613 and 5585 Hazeldean Road be considered as one lot for zoning purposes (b) Despite clause 110(1)(a) and Table 110, a minimum 2.5 metre wide landscaped buffer be required between a parking lot and an interior side lot line 3. That exception [1570] be amended by adding the following
			provision: 613 and 5585 Hazeldean Road be considered as one lot for zoning purposes
Appeal #48 Ward 14 127 Catherine Street Capital Parking Inc.	The appellant states that the Comprehensive Zoning By-law should be amended to recognize the existing parking lot use which has been permitted through a series of temporary rezoning applications since 1992. This amendment is appropriate and desirable given the proximity of the property to the Police Association, YMCA and the Ottawa Curling Club, which have no parking on site.	Staff concur that “parking lot” should have been included as a permitted use. It is a conforming use that is in keeping with the uses contemplated in the Official Plan and the Centretown Secondary Plan for locations on the periphery of this neighbourhood and in close proximity to the Queensway. There is an approved Site Plan Control application in place from October 2008 which included enhanced landscaping.	Amend exception 1589, Column III, Additional Land Uses Permitted, by deleting the word, “temporary”. Amend Column V, Provisions, by deleting all text from that column.

Name of Appellant and Summary of Appealed Provision/ Lands

Reason for Appeal

Staff Position

Proposed Amendment

1. Appeal #58,

(a) Ward 6

613 and 5585 Hazeldean Road, Riotrin Properties (Hazeldean) Inc.

Zoning By-law 2008-250 does not fully implement the former Goulbourn zoning. The previous CLR-1, CLR-2 and CLR-3 zones were considered as one lot for zoning purposes, and were subject to a 2.5 metre wide landscaped buffer between a parking lot and an interior side lot line (new by-law requires 3 metres) and these provisions have not been carried forward to the new by-law.

Staff concur that these former provisions should be carried over to the new AM7, AM7 H(35), AM7[1569] H(35) and AM7[1570]-h zones on these lands.

1. That the subject lands be rezoned from AM7 and AM7 H(35) to AM7[xxx] and AM7[xxx] H(35) respectively, with the new exception specifying the following provisions:

(a) 613 and 5585 Hazeldean Road be considered as one lot for zoning purposes

(b) Despite clause 110(1)(a) and Table 110, a minimum 2.5 metre wide landscaped buffer be required between a parking lot and an interior side lot line

2. That exception [1569] be amended by adding the following provisions:

(a) 613 and 5585 Hazeldean Road be considered as one lot for zoning purposes

(b) Despite clause 110(1)(a) and Table 110, a minimum 2.5 metre wide landscaped buffer be required between a parking lot and an interior side lot line

3. That exception [1570] be amended by adding the following

provision: 613 and 5585 Hazeldean Road be considered as one lot for zoning purposes

Appeal #48

Ward 14

127 Catherine Street

Capital Parking Inc.

The appellant states that the Comprehensive Zoning By-law should be amended to recognize the existing parking lot use which has been permitted through a series of temporary rezoning applications since 1992. This amendment is appropriate and desirable given the proximity of the property to the Police Association, YMCA and the Ottawa Curling Club, which have no parking on site.

Staff concur that “parking lot” should have been included as a permitted use. It is a conforming use that is in keeping with the uses contemplated in the Official Plan and the Centretown Secondary Plan for locations on the periphery of this neighbourhood and in close proximity to the Queensway. There is an approved Site Plan Control application in place from October 2008 which included enhanced landscaping.

Amend exception 1589, Column III, Additional Land Uses Permitted, by deleting the word, “temporary”.

Amend Column V, Provisions, by deleting all text from that column.

SITE-SPECIFIC LANDS AFFECTED MAPS DOCUMENT 2

Location (maps attached)

613 and 5585 Hazeldean Road