Planning Committee / Comité de l'urbanisme
April 25, 2017 / 25 avril 2017
and / et
Agriculture and Rural Affairs Committee / Comité de l'agriculture et des affaires rurales
May 4, 2017 / 4 mai 2017
and Council / et au Conseil
May 10, 2017 / 10 mai 2017
Submitted on April 4, 2017
Soumis le 4 avril 2017
Economic Development and Long Range Planning / Développement économique et Planification à long terme / Planning, Infrastructure and Economic Development / Direction général de la planification, de l'infrastructure et du développement économique
(613) 580-2424, 13866, John.Smit@ottawa.ca
Contact Person / Personne ressource
By-law Writer and Interpretation Officer / Agent de rédaction et d’interprétation des règlements municipaux
(613) 580-2424, 28315, Rob.Maclachlan@ottawa.ca
Ward: CITY WIDE / À L'ÉCHELLE DE LA VILLE
File Number: ACS2017-PIE-PS-0054
SUBJECT: Comprehensive Zoning By-law 2008-250: Omnibus Amendments Q2 2017
OBJET: Règlement général de zonage no 2008-250 : Modifications d'ordre général T2 2017
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;
2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the City Clerk and Solicitor’s Office and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to Bill 73 ‘Explanation Requirements’ at the City Council Meeting of 10 May 2017” subject to submissions received between the publication of this report and the time of Council’s decision.
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 Agriculture and Rural Affairs Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the City Clerk and Solicitor’s Office and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to Bill 73 ‘Explanation Requirements’ at the City Council Meeting of 10 May 2017,” subject to submissions received between the publication of this report and the time of Council’s decision.
RECOMMANDATIONS DU RAPPORT
1. Que le Comité de l’urbanisme recommande au Conseil d’approuver les modifications au Règlement de zonage général no 2008-250, comme l’illustre le document 1 et le précisent 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 détails de la consultation soit incluse en tant que « brève explication » dans le résumé des observations écrites et orales du public, qui sera rédigé par le Bureau du greffier municipal et de l’avocat général et soumis au Conseil dans le rapport intitulé « Résumé des observations orales et écrites du public sur les questions assujetties aux ‘exigences d'explication’ aux termes du projet de loi 73 », à la réunion du Conseil municipal prévue 10 mai 2017, à la condition que les observations aient été reçues entre le moment de la publication du présent rapport et le moment de la décision du Conseil.
3. Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications au Règlement de zonage général no 2008-250, comme l’illustre le document 1 et le précisent les documents 3 et 4; et
4. Que Comité de l’agriculture et des affaires rurales donne son approbation à ce que la section du présent rapport consacrée aux détails de la consultation soit incluse en tant que « brève explication » dans le résumé des observations écrites et orales du public, qui sera rédigé par le Bureau du greffier municipal et de l’avocat général et soumis au Conseil dans le rapport intitulé « Résumé des observations orales et écrites du public sur les questions assujetties aux ‘exigences d'explication’ aux termes du projet de loi 73 », à la réunion du Conseil municipal prévue le 10 mai 2017, à la condition que les observations aient été reçues entre le moment de la publication du présent rapport et le moment de la décision du Conseil.
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 was undertaken in accordance with the Planning Act and the Official Plan.
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.
Une consultation publique a été organisée conformément à la Loi sur l’aménagement du territoire et au Plan officiel.
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.
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.
Items for review by Planning Committee are summarized in the table below. Zoning and location maps are included for reference in Document 1. Zoning details are included for reference in Document 2.
Amendments for review by Planning Committee
Summary of Amendment
135 Barrette Street
135 Barrette Street was rezoned in 2016 (By-law No. 2016-380) to permit the conversion of an existing church building, as well as a large addition containing dwelling units.
That portion of the building to contain dwelling units will be the subject of an application for the creation of a condominium, through which a separate legal parcel will be created, effectively severing the lands.
While the creation of the condominium will not alter the physical development, nor its planned function, it creates new lot lines. The existence of these lot lines alters the application of the zoning regulations, rendering the lands non-complying. An amendment is needed to add a provision to consider the lands as one lot for zoning purposes.
An amendment to the schedule is also needed to allow for the development to proceed, as it was originally intended. The site-specific rezoning innaccurately depicted the building dimensions
Part of 335 St. Laurent Boulevard and part of 1191 Montreal Road
In 2015 Council approved zoning to implement the approved draft plan of subdivision for these lands.
At the same time zoning regulations collectively known as Infill II were passed by Council, and are now in effect. The Infill II regulations impose a rear yard setback requirement that is not consistent with the approved development for this area. In 2015 this inconsistency was not addressed as the lands fell within the transition clause introduced as part of Infill II, and would not be subject to its rear yard setback requirement. The transition clause that exempts these lands from compliance with the Infill II rear yard setback expires on July 8, 2017.
As permits to construct based on the approved development will not be sought until after the repeal of the transition clause, it is proposed that the intended minimum rear yard setback be applied to the subject lands.
152 Gloucester Street
A dentist’s office was a permitted use on the ground floor of the apartment building on the subject lands under the former Ottawa Zoning By-law AZ64. A dentist’s office has been in operation in this location since as early as 1959.
This permission was not carried forward in subsequent zoning by-laws, and the existing dentist’s office is legal non-conforming. It is proposed to recognize this use through a site-specific exception.
Part of 950 Terry Fox Drive
By-law 2016-244 rezoned part of 950 Terry Fox Drive to implement a plan of subdivision. As part of this re-zoning an office use was permitted for a three year period, expiring in 2019.
The regulations require an office use be set back no further than six metres from the front lot line. This maximum front yard setback was established to ensure an office use is located within close proximity to Abbott Street, a right-of-way created as part of the plan of subdivision.
However, the lot on which the office is proposed also abuts another street created through the plan of subdivision, and as the frontage along this street is shorter, by operation of the by-law the lot line abutting this street is considered the front lot line. The result is the maximum front yard setback would be from this shorter frontage, and not from Abbott Street.
It is proposed to amend Exception 2351 to identify the maximum setback being from Abbott Street specifically, to achieve the intent of the original rezoning.
Addition of linked-detached dwelling as a permitted use within the R3I zone
Wards inside Urban Boundary
In the former City of Ottawa Zoning By-law 93-98, a linked-detached dwelling was a permitted use in the R3E zone. This subzone was harmonized into the R3I subzone in the current Zoning By-law, however a linked-detached dwelling was not carried forward as a permitted use in the zone. An amendment is needed to reinstate a linked-detached dwelling as a permitted use in the R3I subzone as it was reinstated for the R3 zones.
274 Somerset Street East
In conjunction with public realm improvements, relief is proposed for this corner property from provisions limiting a restaurant use and would limit an outdoor commercial patio in the front yard as well as parking in the corner side yard. It is proposed to add an exception including provisions to address these issues.
Exception 2215 – Split into two exceptions as applies to two different properties with distinct provisions
Wards 12 and 13
An OMB Order (File #PL150010), issued January 21, 2016 contained direction to implement zoning that added provisions to an exception which already applied elsewhere in the City. The provisions in that exception, that predated the OMB order, did not apply to the subject property. It is proposed that a new exception be created to ensure that the appropriate provisions apply only to the property to which they were intended.
460 St. Laurent Boulevard
The schedule that applies to this property was inadvertently replaced by a subsequent by-law that is unrelated to 460 St. Laurent Boulevard. An amendment is needed to reinstate the correct schedule.
Converted dwelling anomaly
By-law 2014-189 was to delete all references to converted dwellings in the City of Ottawa Zoning By-law 2008-250. An amendment is needed to delete several references to converted dwellings that were overlooked in By-law 2014189.
Exception 2195 – shift uses from Column V to Column III and clarification as to date of application
An amendment is needed to clarify that the uses legally existing prior to the passing of the by-law means those uses that legally existed as of February 25, 2015, being the date the amendment was passed by Council. The text is also proposed to be moved from Column V of the exception to Column III, the column under which additional permitted land uses are listed.
Parking exemptions in TM zones on Schedule 1 clarification
Clarification of a subsection 197(14) in the Zoning By-law is needed to ensure that the locations referred to in a specific provision can be easily found on Schedule 1. Areas B, C, and D are mentioned, but no reference to the schedule where they can be found is mentioned.
MC16 Schedule Clarification
OMB Order File #PL110686, issued October 24, 2012, introduced a provision that refers to an attachment of that order. The attachment of that order should be added as a Schedule to the Zoning By-law to ensure the provision in the order can be properly implemented.
Section 101 - Minimum Parking Space Rates
Exemptions from minimum parking in Area Y on ZBL Schedule 1A
Inner urban Mainstreets
By-law 2016-249 amended the minimum parking requirements applicable to Mainstreets in the inner urban area by, among other things, exempting small-scale non-residential uses, located partly or entirely on the ground floor, from having to provide parking. Residential and office uses on the upper floors were also exempt. These measures were undertaken in order to facilitate the mixed-use development of urban Mainstreets in accordance with the Official Plan.
The assumption behind 2016-249 was that any space in the basement of a Mainstreet building would be part of the use on the ground floor (such as storage of inventory for retail stores, or washrooms for a restaurant) and would typically have no commercial viability on their own. However, it has since become apparent that there are numerous spaces on Mainstreets located entirely in the basement, without any presence at ground level at all. Under the current wording of 2016-249, such spaces are subject to minimum parking requirements even when the rest of the building is exempt.
It is appropriate, given the intent of 2016-249 and the Official Plan, to allow such basement-only uses to be established without triggering a minimum parking requirement. The proposed changes would effectively allow a low-rise building on a Mainstreet, with commercial uses at grade and/or in the basement, to be established without having to pursue a parking variance.
12 Stirling Avenue
The exception for this property allows for bicycle parking to be located within a vehicle parking space. A 1-metre aisle was not meant to apply to those bicycles located within the vehicle parking space. It is proposed that an amendment to the exception clarify that those bicycle parking spaces located in the vehicle parking spaces do not require access via a one metre aisle.
Items for review by Agriculture and Rural Affairs Committee are summarized in the table below. Zoning and location maps are included in Document 1. Zoning details are included for reference in Document 3.
Amendments for review by Agriculture and Rural Affairs Committee
2217 Trim Road
A land exchange occurred to facilitate the Trim Road widening. The lands that were added to the property came from the Millennium Park and are zoned Rural Institutional Subzone Four (RI4). The rest of the property is zoned AG. To reflect the residential use on the property, and to avoid any confusion resulting from applying a RI4 zone to a residential use, it is proposed that the entire property be zoned AG.
Holding provisions in exception [275r] affecting properties within the Carp Road Corridor Community Design Plan area
Policies in the Carp Road Corridor Community Design Plan limit the use of certain lands until such time as a plan of subdivision, site plan control or consent application is approved. The intent of the policy is to provide for a coordinated approach to development when new land uses are proposed on large parcels of land. In the Zoning By-law, this policy has been applied regardless of parcel size. For small parcels of land, there is no planning objective achieved through application of the holding symbol.
It is proposed to modify exception [275r] to exclude parcels of land smaller than 1.6 ha from the holding provisions. This will eliminate the need to apply to lift the holding symbol, however planning approvals such as site plan control would continue to be required as per the Site Plan Control By-law, prior to development occurring.
Rural Commercial zone text anomaly.
Clarification of the text and intent of the Zoning by-law by deleting an unnecessary word in Clause 217(1)(e).
5944 Perth Street, Richmond
An error was made in the zoning amendments to implement the Village of Richmond Secondary Plan in a report approved by Council on July 14, 2010. The property located at 5944 Perth Street was designated Village Commercial in the Secondary Plan, however it was included in an area that was rezoned to Village Residential. The property has been the longstanding location of a commercial use. It is proposed to rezone the subject lands from Village Residential to Rural Commercial, as shown in Document 1, to be in keeping with the designation in the Secondary Plan.
Items for review by Planning Committee and Agriculture and Rural Affairs Committee are summarized in the table below. Zoning and location maps are included in Document 1. Zoning details are included for reference in Document 4.
Amendments for review by Planning Committee and Agriculture and Rural Affairs Committee
Section 123 – Front Yard Setback Reductions
Meaning of “residential lot”
An amendment is needed to clarify that a residential lot means a lot in a residential zone.
Modifying the definition of place of assembly to include escape rooms and karaoke bars
Under the current framework of land use definitions in the Zoning By-law, escape rooms (a location where a group of people work together to “escape” from a locked room) and karaoke bars are considered to fall within the definition of an amusement centre, as follows,
Amusement centre means an indoor entertainment facility providing for amusement, diversion or pastime, including a video game or pinball arcade; bingo hall; bowling alley; billiard hall or pool hall. (salle de jeux)
An amusement centre is not generally permitted in the General Mixed Use and Traditional Mainstreet Zones. These zones are appropriate locations for commercial activities such as karaoke bars and escape rooms. A similar land use, place of assembly, is a permitted use in many commercial zones including the Traditional Mainstreet and General Mixed Use Zones.
Given an escape room and a karaoke bar involve a group of people meeting at a location to participate in an activity, staff are of the opinion these uses could be considered to fall within the definition of place of assembly. It is proposed to modify the definition of place of assembly to include karaoke bars and escape rooms to allow these uses to locate in zones where a place of assembly is a permitted use. The following modification, shown in italics, is proposed to the definition of place of assembly,
Place of assembly means a place designed and used to accommodate gatherings of people such as clubs, karaoke bars, escape rooms, reception halls, conference centres, legion halls, assembly halls and lodges, and for events such as trade shows, banquets, and political or other conventions.
It is noted that the proposed amendment to the definition of place of assembly will not result in an escape room or karaoke bar being a permitted in a Local Commercial Zone, as a place of assembly is not a permitted use in that zone.
In order to provide clarity, a definition of the term karaoke bar will be added to Section 54 as follows,
“karaoke bar – means a place of assembly composed of private rooms that may be reserved by groups of people to undertake karaoke.”
AG-Agricultural and RU-Rural Countryside Zones – Permitting an agricultural use, excluding livestock-related food production, within the AG and RU zones on small lots
Currently, an agricultural use is not permitted on lots smaller than 5 ha (or 0.8 ha when accessory to a detached dwelling) in the AG-Agricultural Zone and Subzones, or on lots smaller than 2 ha in the RU-Rural Countryside Zone. In addition, an agricultural use is not permitted in any of the RU Subzones, regardless of lot size. These provisions are intended to prevent impacts associated with livestock production on small lots in the rural area.
However, the provisions also prevent a property owner from having a small market garden on their lot, which would be a compatible use in the rural area. It is proposed to modify the provisions for the AG and RU Zones and Subzones to permit an agricultural use, limited to non-livestock related agricultural products, regardless of lot size.
Removal of maximum gross floor area requirement for ancillary uses within a rapid transit network station
The current provisions in Section 87 for the Rapid Transit Network permit the following uses in rapid transit stations: bank machine; click and collect facility; convenience store; personal service business; restaurant, fast food; restaurant, take-out; retail store; service or repair shop. Each use is limited to a maximum of 50 square metres and the cumulative total for all uses is limited to 100 square metres for each station.
Given that rapid transit stations are convenient locations to access goods and services, and a mix of uses will contribute to the stations being interesting, vibrant places for commuters, it is proposed to delete the size limit and cumulative maximum for these uses in rapid transit stations.
Home Based Day Care
Section 129 permits up to five persons to be accommodated in a home based day care.
In 2015 the Child Care and Early Years Act (the “Act”) came into effect, permitting up to six children under the age of 13 to be cared for in a home day care, where that day care is licensed under the Act.
The proposed amendment would permit home based day cares to exceed the maximum limit of five persons, where the home day care provider is operating in accordance with the Child Care and Early Years Act.
Bicycle and Motor Vehicle Training
Motorcycle safety training courses, as well as bicycle safety training courses operate within non-residential parking lots during off-business hours.
The Zoning By-law does not currently permit these activities, as they constitute an instructional facility that may not be permitted on the lot, and the by-law requires that parking lots be set aside exclusively for the principal use they are associated with.
These courses provide a valuable service to the community in promoting the safe operation of vehicles and bicycles, and any obstruction of parking associated with the principal use is both temporary and generally occurs outside of the hours of operation of the principal use.
It is proposed that training courses related to the proper and safe operation of motor vehicles and bicycles be permitted within parking lots associated with non-residential uses in all zones. It is also proposed that these uses, when occurring, be permitted to obstruct parking spaces, driveways and aisles provided they do not obstruct access to a fire route.
To help ensure that motor vehicle training courses do not become a nuisance to neighbouring residential premises, it is also proposed that a 300 metre separation distance be required between the use where motor vehicle training is occurring, and a residential zone, or lot containing a residential use.
The proposed 300 metre separation distance represents the minimum distance from a noise sensitive land use that a Class II industrial use may operate before implementing noise abatement measures, according to the former Ministry of the Environment Guidelines. Class II industrial uses include those where sound is occasionally audible off the property including the frequent movement of heavy trucks during daytime hours. This level of anticipated noise is considered comparable to that of a motor vehicle training course.
The proposed amendments would not extend to provide the same permissions for heavy vehicle training courses.
Community Garden name change to “Urban Agriculture”
It is proposed to substitute the words “urban agriculture” wherever “community garden” appears in the Zoning By-law. The provisions for this land use term would otherwise remain unchanged. In Section 54 – Definitions, the defined meaning of this land use includes all plant-based food production, including market gardens (the commercial production of food) and what is commonly understood as a community garden (a communal garden operated on a non-profit basis). This amendment is proposed in order to avoid confusion between the commonly understood meaning of “community garden” (a communal non-profit garden) with the broader meaning of the land use as defined in the Zoning By-law. This amendment will not result in any change to the intent of the provisions for this land use or where this land use is currently permitted.
Section 108 (Steep Driveways)
Section 108 provides for a limited set of circumstances in which a parking space may be located in the front yard, if doing so is necessary to facilitate the removal of an existing steep driveway (i.e. with a slope of greater than 8%).
One of the current criteria is that the front yard parking space may only be established if filling in the steep driveway results in the loss of a required parking space under the zoning by-law. (Subsection 108(2)(b)(ii).)
However, in the inner urban area, minimum parking requirements were eliminated for small-scale uses via By-law 2016-249. This had the unintended effect of making such spaces no longer required, and therefore no longer eligible under S.108 to be relocated to the front yard.
It was explicit in the Staff report on the Minimum Parking Review that that amendment in no way sought to remove or limit any existing rights to have a parking space, only the obligation to provide it.
It is proposed to modify the wording of 108(2)(b)(ii) to provide for the relocation not only of required spaces, but also of permitted or legally non-complying spaces that either would have been required at the time the building was built, or have been there so long as to pre-date minimum parking requirements altogether. This will have the effect of maintaining the rights flowing from 108(2)(b)(ii) even in cases where the space to be located is no longer required under the Zoning By-law.
Staff have reviewed the report recommendations and have determined they are consistent with the Provincial Policy Statement, 2014.
Rural implications are explained in Documents 3 and 4.
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.
There are no legal impediments to approving the recommendations contained in the report.
RISK MANAGEMENT IMPLICATIONS
There are no risk management implications association with the recommendation in this report.
There are no financial implications associated with this report.
There are no accessibility implications associated with this report.
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.
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
Document 5 Consultation Details
City Clerk and Solicitor Department, Legislative Services, to notify, Program Manager, Assessment Section, Billing, Assessment and Tax Policy Unit, Deputy City Treasurer Revenue Branch (26-76)
Planning, Infrastructure and Economic Development Department to prepare the implementing bylaws, forward to Legal Services and undertake the statutory notification.
Legal Services to forward the implementing by-laws to City Council.
Document 1 – Location Maps
Document 2 – Zoning details for review by Planning Committee
Amendments are proposed with the general intention of the following:
Urban Exception 1276 is amended by adding the following text to Column V, “ –the lands zone TM S364, and are considered one lot for zoning purposes”
Schedule 364 of Part 17 is amended by replacing it with the Schedule 364 shown in Document 1.
Urban exceptions 2319 and 2311 are amended by adding the following text to column V, “-Subsections 159(9), 159(9.1), 159(10) and 159(10.1) do not apply.”
Rezone the subject lands from R5B  F(3.0) to R5B [XXX1] F(3.0), as shown in Document 1.
Amend Section 239 – Urban Exceptions by adding a new exception [XXX1], as follows,
Additional Land Uses
Land Uses Prohibited
-medical facility, limited to a dentist’s office
-personal service business limited to barber shop, beauty parlour, or dry cleaner's distribution station
- place of assembly limited to a club
- retail store limited to a drug store, florist shop, news stand
- additional permitted uses other than place of assembly limited to a club restricted to ground floor or basement of residential use building
Amend Column V of Exception 2351 by replacing the text, “-maximum front yard setback for office: 6 metres”, with the text,”-maximum setback for an office from the lot line abutting Abbott Street: 6 metres”
Table 160A is amended by adding the text, “Linked-detached” to Column III of R3I subzone, immediately following the text, “Duplex”.
Rezone the lands from R4H-c to R4H[XXX2]-c as shown in Document 1.
Amend Section 239 – Urban Exceptions by adding a new exception [XXX2], as follows,
-rooming house limited to 50% of gross floor area of building
-Subsection 141(2) does not apply
-A maximum of 4 parking spaces may be located in the corner side yard
-the minimum length of a parking space located in the corner side yard is 1.9m
-the maximum width for two of the parking spaces in the corner side yard is 3.7m
The following applies to an Outdoor Commercial Patio:
-The maximum size of an outdoor commercial patio is 42 square metres.
-An outdoor commercial patio must be located entirely within the front yard and is not allowed in the extension of the required and provided corner side yard into the front yard.
-109(3)(c) does not apply to an outdoor commercial patio.
Rezone the lands municipally known as 67 and 71 Marquette Avenue from R4E to R4E[XXX3] as shown in Document 1.
Amend Section 239 by deleting the following provisions from Column V of exception 2215:
“-Despite Endnote 2 of Table 162B, the maximum permitted number of dwelling units in an apartment dwelling low-rise is 20.
-The minimum rear yard setback is 0 metres for any part of the building 1.2 metres in height or less and 7.5 metres for any part of the building above 1.2 metres in height.
-The minimum eastern interior side yard setback is 0 metres for any part of the building 1.4 metres or less in height and 1.5 metres for any part of the building above 1.4 metres in height.
-The minimum western interior side yard setback is 0 metres for any part of the building 1.2 metres or less in height and 1.5 metres for any part of the building above 1.2 metres in height.
-minimum front yard setback: 3 m
-Despite 107(1)(a), the minimum driveway width is 3 metres.
-Despite 107(1)(c), the minimum aisle width is 3.8 metres.
-Minimum number of required visitor parking spaces: 1 space
-Required communal amenity area may be located on the roof of that part of the building measuring less than 2 metres in height and may consist only of hard landscaping and need not be located in the rear yard.
-minimum required landscaped area: 5% of the lot area.”
Further amend Section 239 – Urban Exceptions by adding a new exception [XXX3] as follows:
-Despite Endnote 2 of Table 162B, the maximum permitted number of dwelling units in an apartment dwelling low-rise is 20.
-minimum required landscaped area: 5% of the lot area.
Rezone the property from GM F(4.52) S314 to GM F(4.52) SXX1 as shown in Document 1.
Amend exception 2061 in Section 239 – Urban Exceptions by replacing the references to Schedule 314 with the new schedule number, Schedule XX1.
Amend Part 17 – Schedules by adding a new Schedule SXX1, as shown in Document 1.
Section 101 (Minimum Parking Space Rates)
Wards 7, 11, 12, 13, 14, 15, 16, 17 and 18
Amend Section 101(4)(d) by adding the words "or in the basement" after the words "on the ground floor."
Amend Column V of Exception 2093, in Section 239 – Urban exceptions, by adding the text, “, except bicycle parking spaces located within a vehicle parking space, for which no aisle is required.” Immediately following the text, “Bicycle parking must have access from an aisle having a minimum width of 1 metres”.
Document 3 – Zoning details for review by Agriculture and Rural Affairs Committee
Rezone the subject lands from RI4 to AG, as shown in Document 1.
Holding provisions in exception [275r] affecting properties within the Carp Road Corridor Community Design Plan area
Amend Section 240 – Rural Exceptions by adding the following text to Column V of exception [275r],
“- parcels of land 1.65 ha and smaller are not subject to the holding symbol provisions and the uses in the underlying zone are permitted”
Amend Clause 217(1)(e) by deleting the text, “by”.
Rezone the subject lands from V1C to RC11 [380r], as shown in Document 1.
Document 4 – Zoning details for review by Planning Committee and Agriculture and Rural Affairs Committee
Meaning of “residential lot”
Section 123 is amended by replacing the text, “residential lot” with the text, “residentially zoned lot”
Section 123 is further amended by replacing the text, “residential lots” with the text, “residentially zoned lots”.
Amend Section 54 - Definitions by deleting the definition of place of assembly and replacing it with the following,
“place of assembly - means a place designed and used to accommodate gatherings of people such as clubs, karaoke bars, escape rooms, reception halls, conference centres, legion halls, assembly halls and lodges, and for events such as trade shows, banquets, and political or other conventions.”
Amend Section 54 by adding the following new definition,
Amend Section 211 – Agricultural Zone by adding a new subsection (7) as follows,
“(7) Despite subsection 211(3), there are no minimum lot width and lot area requirements for an agricultural use that excludes livestock-related food production.”
Amend Section 212 – Agricultural Zone by adding new subsection (2a) as follows,
“(2a) Despite subsection 212(1), there are no minimum lot width and lot area requirements for an agricultural use that excludes livestock-related food production.”
Amend Section 212 – Agricultural Zone by adding new subsection (5) as follows,
“(5) Despite subsection 212(4), there are no minimum lot width and lot area requirements for an agricultural use that excludes livestock-related food production.”
Amend Section 227 – Rural Countryside Zone by adding a new subsection (7) as follows,
“(7) Despite subsection 227(2), there are no minimum lot width and lot area requirements for an agricultural use that excludes livestock-related food production.”
Amend clause (1)(a) in Section 228 – Rural Countryside Zone by adding “agricultural use, excluding livestock-related food production” to the list of permitted uses in the RU1 to RU4 subzones.
Amend Section 228 by adding a new subsection (2) as follows,
“(2) Despite subsection 228(1), there are no minimum lot width and lot area requirements for an agricultural use that excludes livestock-related food production.”
Amend Section 87 – Rapid Transit Network by deleting subsection (3) and replacing it with the following,
“(3) Despite subsections (1) and (2), in addition to the uses permitted in the applicable zone, the following uses are permitted within a rapid transit network station:
click and collect facility (By-law 2016-289)
personal service business
restaurant, fast food
service or repair shop
provided these uses are not located in an EP zone or subzone or within a flood plain overlay.
Amend Section 129 by adding the following as a new subsection (f):
“(f) Notwithstanding subsections (a) and (e), a home based day care may have up to six persons where such day care is permitted to have up to six persons under the Child Care and Early Years Act, 2014, S.O. 2014, c. 11, Sched. 1, as amended.
Part 3 – Specific Use Provisions of By-law 2008-250 is amended by adding a new sections as follows:
“Bicycle and Motor Vehicle Training Facilities 98.
(1) An instructional facility, limited to an outdoor bicycle and motor vehicle training facility is permitted in all zones that are not residential zones, subject to the requirements of this section.
(2) No additional parking is required for an instructional facility, limited to an outdoor bicycle and motor vehicle training facility.
(3) An outdoor motor vehicle training facility must be a minimum of 300 metres from a lot zoned residential or a lot containing a dwelling.
(4)Despite subsection 100(1), an instructional facility, limited to an outdoor bicycle and motor vehicle training facility may be located in a parking lot such that it temporarily prevents the use of a portion of required or provided parking spaces, aisles or driveways of another use on the same lot, provided that the motor vehicle or bicycle training course does not obstruct access to a fire route;
Replace the text, “community garden” with the text, “urban agriculture” wherever it appears.
Amend Section 54 by deleting the definition of community garden in its entirety and adding the following definition:
“urban agriculture means a garden for the production of plants including vegetables, fruits, grains, flowers or herbs and includes a community garden.”
Amend Subsection 108 by deleting clause 108(2)(b)(ii) and replacing it with the words:
(ii) filling in the driveway has the effect of eliminating a parking space that is:
(1) required under Section 101;
(2) permitted; or
(3) legally non-complying.
Document 5 – Consultation Details