8. ZONING - 88 Bellwood Avenue ZONAGE - 88, avenue
Bellwood |
COMMITTEE
RECOMMENDATIONS AS AMENDED
1. That Council approve an amendment to
the former City of Ottawa Zoning By-Law to change the zoning of 88 Bellwood
Avenue from I1 - Minor Institutional to an R3J - Converted House/Townhouse
Subzone with exceptions, as shown in Document 1and detailed in Document 3, and;
2.
WHEREAS
the City’s intensification policy makes it important to preserve public land
and institutional capacity in the developed parts of the City ;
And that no further notice be provided pursuant to Section 34(17) of the
Planning Act.
RECOMMANDATIONs modifiées du COMITÉ
1. Que le Conseil municipal approuve une
modification au règlement de zonage de l’ancienne ville d’Ottawa en vue de
faire passer le zonage du 88, avenue Bellwood de I1 – zone de petites
institutions à R3J - sous-zone de maisons/maisons de ville transformées,
assortie d’exceptions, comme l’indique le Document 1 et l’explique en détail le
Document 3, et ;
2. ATTENDU QUE la
politique d’intensification de la Ville fait valoir l’importance de préserver
les terrains publics et la capacité institutionnelle à l’intérieur des zones
aménagées de la ville;
PAR CONSÉQUENT, IL EST RÉSOLU QUE l’on fasse pression sur le
gouvernement provincial afin qu’il exige que les conseils scolaires mettent à
la disposition de la Ville les écoles excédentaires et les terrains connexes
contre la somme d’un dollar, puisque ces plus vieilles écoles ont toutes été
achetées à partir des taxes foncières.
Et qu’aucun autre avis ne
soit donné aux termes du paragraphe 34 (17) de la Loi sur l’aménagement du territoire.
Documentation
1. Deputy City Manager, Planning and
Growth Management report dated 4 January 2005 (ACS2005-DEV-APR-0024).
2. Extract of Draft Minutes, 8 February 2005.
Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
4 January 2005 / le 4 janvier 2005
Submitted by/Soumis par : Ned
Lathrop, Deputy City Manager / Directeur municipal adjoint
Planning
and Growth Management / Urbanisme et Gestion de la croissance
Contact Person/Personne ressource : Grant Lindsay,
Manager / Gestionnaire
Development Approvals / Approbation des
demandes d'aménagement
(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment
Committee recommend Council approve an amendment to the former City of Ottawa
Zoning By-Law to change the zoning of 88 Bellwood Avenue from I1 - Minor
Institutional to an R3J - Converted
House/Townhouse Subzone with exceptions, as shown in Document 1and detailed in
Document 3.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil municipal d’approuver une modification au
Règlement de zonage de l’ancienne Ville d’Ottawa en vue de faire passer le
zonage du 88, avenue Bellwood de I1 – zone de petites institutions à R3J -
sous-zone de maisons/maisons de ville transformées assortie d’une exception,
comme l’indique le document 1 et le détaille le document 3.
BACKGROUND
The subject property, 88 Bellwood Avenue, is a
triangular parcel of land with frontages on Bellwood Avenue, Willard Street and
Scotia Place, and is located west of Bank Street, north of Cameron Avenue, in
Old Ottawa South.
The 2 671 square metre site was a former school
site and contains play structures and a storage shed. In December 2004, the former St. Margaret Mary Catholic
Elementary School was demolished. The
lands adjacent to the north, south, east, and west are developed with
residential uses, primarily a mix of single and semi-detached dwelling houses.
The Ottawa-Carleton Catholic School Board
(OCCSB) at their Board meetings of March 5, and April 9, 2002, declared the
school surplus to the needs of the Board.
This school site went through the formal process of the disposal of
surplus school board properties.
The applicant is requesting to rezone the
subject property from I1- Minor Institutional to R3J, a Converted House/Townhouse
Subzone with exceptions, to permit the construction of a planned unit
development of 16 townhouses and one semi-detached dwelling, for a total of 18
dwelling units, and to create a small parkette along Bellwood Avenue. The parkette along Bellwood Avenue will
protect a heritage oak tree and represents the applicant's five percent
parkland dedication requirement.
The zoning intent of the R3J zone is to permit
a range of low density dwelling types, on individual lots or in planned unit
developments, on land designated Residential Area in the Official Plan of the
former City of Ottawa. The exceptions
attached to the proposed R3J subzone permit a reduction in certain building
yard setbacks, permit building projections to occur further into the required
yards and permit an increase in building height.
DISCUSSION
Council Approved Official Plan
The City Council Approved Official Plan designates the subject property
as "General Urban Area".
Lands having this designation are intended to develop with a full range
and choice of housing types to meet the needs of all ages, incomes and life
circumstances, in combination with conveniently located employment, service,
cultural, leisure, entertainment and institutional uses. This designation facilitates the development
of complete and sustainable communities.
The Strategic Directions of the Plan speak to managing growth by
directing it to the urban area where services already exist in an effort to
restrict urban sprawl and where growth can be accommodated in compact
development served with quality transit, walking and cycling facilities.
The City supports infill development and other intensification within
the "General Urban Area" in a manner that enhances and complements
the desirable characteristics in the surrounding area, thereby ensuring the
long-term vitality of many existing communities that make up the City. The Plan encourages denser, more compact and
balanced development and promotes communities in which car ownership is not
required. When considering a proposal
for residential intensification through infill or redevelopment, the policies
for this designation recognize the importance of new development relating to
existing community character and require that the development be reviewed in
the context of Section 2.5.1 of the Plan which addresses issues related to the
compatibility of new development with the established surrounding
community. The Department must further
consider the proposal's contribution to the maintenance and achievement of a
balance of housing types and tenures, as well as assess the requirement for
ground-oriented housing forms for established low-rise residential communities.
It is the Department's position that rezoning the subject land for
residential development will advance the intent of the residential
intensification policies in the new Official Plan by providing a residential
infill development at a suitable urban location where services already
exist. the proposal reflects a compact
and balanced development providing a mix of housing types that incorporate
ground-oriented housing forms and a building design that is sensitive to and
compatible with the residential character of the surrounding neighbourhood.
Policy 1., Section 2.5.5, Schools and Community Facilities of the Plan
also applies to the site. This policy
speaks to the City working with the school boards, the community, the private
sector and other interested parties to investigate means to retain a school
building for public purposes and the school ground for open space, either in
whole or in part when a school is identified by the school board as a candidate
for closure. It should be noted that,
at the time the affected school land was declared as surplus and considered for
disposal in early 2002, this specific policy had not received City Council
approval. Staff are currently working
on developing the tools to be able to implement this policy once the new
Official Plan receives final approval.
Notwithstanding that Policy 1 of Section 2.5.5 of the new Official Plan
was not in effect as a Council policy in early 2002, the applicant in 2002 had
approached both the school board and the community for a public private
partnership development that would have resulted in the site being developed to
accommodate both public uses and residential development. The applicant however was not successful in
this initiative and when the site was placed on the open market, the applicant
was successful in acquiring the site for the proposed residential development.
Former City of Ottawa Official Plan
The subject site is zoned for a minor institutional use and is
designated "Residential Area" in the former City of Ottawa Official
Plan. As such, polices set out in the
Institutional Chapter dealing with re-use of minor institutional sites and in
the Residential Chapter dealing with residential development apply in the
assessment of the proposed zoning change. The relationship of the proposal to
the relevant policies in these chapters is discussed below.
Institutional Policies
The zoning proposal conforms to policies within the Institutional Chapter of the former City of Ottawa Official Plan related to the re-use of minor institutional sites. Specifically, Policy 10.3.2
i) provides direction for Council to support the re-use of or development of minor institutional sites or buildings for other uses provided that the following factors are met:
1. the institutional use no longer meets
the need for which it was originally intended,
2. the proposed use is compatible with the
adjacent land uses in the area, and
3. the existing urban forest is conserved
and enhanced.
It is the Department's position that these three conditions have been
satisfactorily fulfilled in the case of this institutional property, as
discussed below.
1. Three years ago, the Ottawa-Carleton Catholic School Board identified this institutionally zoned property as a surplus school board site and placed it on the Board's disposal list as a school and property that, in the Board's opinion, no longer meet the needs for which it was originally intended. During the surplus disposal period the school site was considered for possible acquisition by preferred organizations, such as, the French-Language Separate District School Board, English and French-Language Public District school boards and The Ontario Realty Corporation as well as English and French-language colleges, universities, the City of Ottawa and Public Works Canada. At the completion of the surplus disposal period no organization, group, government agency or the City came forward and expressed interest in purchasing the site. It is the Department's opinion that all avenues have been investigated for the reuse of this site for another institutional use and that consultation took into consideration the mandate of School Board at the time of disposal.
When the disposal was being reviewed and
considered by City Council on July 24, 2002, carried an item that was initiated
by the Ward Councillor to preserve the public space at 88 Bellwood Avenue for
the purpose of considering a public-private partnership that would retain at
least part of the site for community uses.
This approval would have preserved the public use through a consortium
of community, public and private interest that ultimately would have cost the
City very little and would have empowered the citizens to retain and revitalize
their social and recreational infrastructure.
It was intended that the community would come forward to the City and
present a good business plan. Such a
plan was never tabled by the surrounding residents.
Further, as already noted, at the time the
disposal was being considered by the City, the applicant, in mid-July 2002,
submitted a proposal to the Councillor and residents of the community
expressing an interest in participating in a public-private partnership. This proposal envisaged the retention of one
play ground and the demolition of the existing school and the construction of a
new day care facility with additional space for community-based activities at
the Willard Street corner of the property with residential units on the balance
of the land. The proposal intended to
provide interim funding to any of the private partners. It is staff's understanding that this
proposal was shared with some community members, but again, it generated no
interest by the private sector and(or) the surrounding community to form a
public-private partnership with a developer.
It was the same developer who purchased the land from OCCSB in November
2004.
2. In terms of the compatibility of development with the adjacent uses, the applicant has presented a residential infill development that fits well with the existing community character. All new units will be ground oriented with buildings fronting a public street or the proposed parkette on Bellwood Avenue; i.e., units physically oriented (setback orientation) in a manner that is in keeping with the established pattern of buildings in the neighbourhood.
3. Finally, with respect to the criteria to ensuring the existing urban forest is conserved and enhanced, the applicant at their August 18, 2004, pre-consultation community meeting heard from the community of the importance of protecting a 150 year old oak tree along Bellwood Avenue. In designing the layout of the units, the applicant has chosen to conserve this old tree and incorporate it into a small parkette; the latter area may be utilized by surrounding residents. The balance of the site is a former school playground that contains little to no significant urban forest, yet the applicant's concept site plan shows the future enhancement of the site through the introduction of considerable planting and the introduction of new street trees.
Residential Policies
The proposed development of 18 units conforms to the "Residential
Area" designation of the former City of Ottawa Official Plan that applies
to the site. The development proposed
under the requested zoning is a good example of residential intensification and
an efficient re-use of urban land.
Similar intensification goals as set out in the new Official Plan exist
in the former City of Ottawa Official Plan to provide for infill and denser
residential development within the Greenbelt and to make use of the existing
infrastructure.
Policies 3.6.2.i) and j) of the former City of Ottawa Official Plan deal
with moderate residential developments which is the type of development
proposed by this application. These
policies indicate that intensification may be permitted provided a number of
factors can be satisfied. These factors
determine the acceptability and compatibility of a development proposal with
the surrounding neighbourhood and include, adequate transportation and service
capacity, appropriate vehicular access/exit to reduce potential traffic volumes
on local streets, appropriate siting of the amenity areas to ensure privacy,
minimize shadowing on adjacent properties, and the availability of and
proximity to existing services and amenities etc. Taking into consideration this property's location in Ottawa
South, an inner-city neighbourhood, and its relationship to the surrounding
community, as well as the site's location a block from the commercial services
along Bank Street, it is the Department's position that the proposed
residential zoning satisfies many of the compatibility policies of the former
City of Ottawa Official Plan relating to moderate residential intensification.
Ottawa, South Key Principles
The proposal conforms to the key principles of the Ottawa South
Neighborhood Plan included within the former City of Ottawa Official Plan. Among the key principles is direction to
ensure, when public buildings in the community are vacated, that any existing
building on the site be utilized for reinforcing community uses, or that the site
be redeveloped to low-profile, mixed residential uses. As the subject institutionally-zoned land
no longer meets the intended needs of the School Board, as described above, the
second option for residential infill is a viable and acceptable solution that
conforms to this neighbourhood's Key Principles.
Details of Proposed Zoning
The detailed zoning exceptions are contained in Document 2 of this
report. These exceptions are considered
minor in nature and are intended to facilitate development of the applicant's
planned unit development.
Given the irregular shape of the site and the desire by the applicant to physically orient the buildings facing the adjacent streets, as well as save the existing oak tree, the building layout and juxtaposition on the site was a challenge. It is staff's opinion that the proposed placement of buildings on the site is acceptable. Through the introduction of a private driveway leading to interior garages for 11 of the units, the design layout has eliminated the need to provide individual driveways and garages to those units facing two of the three frontages of the site. To achieve this design layout and to optimize the use of this irregular-shaped site, the applicant is seeking relief from the required yard setbacks and the provisions allowing permitted projections from a principal building into the required yard within the Zoning By-law. The applicant is also seeking a minor increase in building height from 10.7 metres to 11.8 metres to accommodate their proposal. The increase in building height is due to the periodic high water table levels that make basement parking unwise, as well as the provision in the design of attic mezzanines with dormer windows that from a Zoning By-law interpretation perspective alter the location where the building heights are measured.
It is not anticipated that an additional 18
dwelling units in this area of Ottawa South will impact the existing traffic
volumes within this neighbourhood, as the property is located one block from
Riverdale Avenue and one block from Bank Street at a signalized
intersection. It is expected that most
vehicular activity associated with these new units will be directed towards
these collector and arterial roads and not directed further into this
community.
CONSULTATION
Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. Three information signs were posted on-site indicating the nature of the application. The Ward Councillor is aware of this application and the staff recommendation.
Detailed responses to the notification/circulation are provided in Document 5.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS TIMELINE STATUS
This application was processed within the timeframe
established for the processing of Zoning By-Law Amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Explanatory Note
Document 3 Details of
Recommended Zoning
Document 4 Concept Site Plan
Document 5 Consultation
Details
DISPOSITION
Department of Corporate Services, Secretariat
Services to notify the owner, (Charlesfort Developments, 787 Bank Street,
Ottawa, K1S 3V5), All Signs, (8692 Russell Road, Navan, ON K4B 1J1), and the Program Manager,
Assessment, Department of Corporate Services of City Council’s decision.
Planning and Growth Management Department to prepare the implementing
by-law, forward to Legal Services Branch and undertake the statutory
notification.
Department of Corporate Services, Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP Document
1
EXPLANATORY NOTE Document
2
THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER
___
By-law Number ___ amends Zoning By-law, 1998,
the former City of Ottawa's Comprehensive Zoning By-law. The amendment affects a triangular parcel of
land, with frontages on Bellwood Avenue, Willard Street, and Scotia Place, that
is located west of Bank Street, north of Cameron Avenue in Old Ottawa
South. The site is shown as the shaded
area on the attached Location Map. The
applicant is requesting to rezone the subject property to permit the
construction of a planned unit development of 16 townhouses and one
semi-detached dwelling, for a total of 18 dwelling units and to create a small
parkette along Bellwood Avenue.
Current
Zoning
The current
zoning is I1 which is a Minor Institutional zone permitting a range of
neighbourhood-serving, emergency and institutional uses.
Proposed
Zoning
The proposed
zoning is an R3J exception subzone. The
R3 zone is Converted House/Townhouse Zone.
The "J" suffix represents a subzone to the primary zone that
specifies minimum lot width and lot area requirements for permitted uses. The exceptions attached to the zoning
subzone would permit a reduction in certain building yard setbacks, permit
building projections from the principal building to occur further into the
required yards and permit an increase in building height.
For further
information on the amendment, please contact Gordon Harrison at 580-2424 ext.
13868.
DETAILS OF RECOMMENDED ZONING Document 3
The following zoning change will be made to the
property shown in Document 1:
Change the
Zoning from I1 to R3J[xxx].
The proposed
zoning of 88 Bellwood is an R3J - Converted House/Townhouse Subzone with
exceptions. The exceptions to the R3J
subzone apply to a Planned Unit Development and include the following:
1. the
minimum setback distance from a private roadway is 1.0 metre;
2. the
minimum front yard setback distance along Scotia Place is 2.4 metres;
3. the
minimum interior side yard depth abutting a required rear yard of an abutting
lot in an R3J zone is 1.2 metres;
4. the
minimum setback distance from the rear boundary of severed land within a
planned unit development is 1.2 metres;
5. the
minimum corner side yard depth along Bellwood Avenue and Willard Street is 0.3
metres;
6. a chimney,
an eave or an eaves trough projecting from a principal building into the
required side yard to the property line is permitted only in the case of the
corner side yard;
7. a canopy
or an open balcony projecting a maximum of 2.4 metres from a principal building
into a required yard is permitted;
8. an open
unenclosed stoop or unenclosed landing projecting from a principal building
that does not extend above the ground floor of the principal building and does
not extend into any yard more than 2.4 metres is permitted; and
9. the
maximum building height is 11.8 metres.
CONCEPT SITE PLAN Document
4
CONSULTATION DETAILS Document
5
NOTIFICATION AND CONSULTATION PROCESS
Notification
and public consultation was undertaken in accordance with the Public
Notification and Public Consultation Policy approved by City Council for Zoning
By-law amendments. There were several
meetings in the community hosted by Charlesfort Developments, the Ottawa South
Community Association (OSCA) and the Councillor. Staff attended two of these public meetings/community information
sessions.
PUBLIC COMMENTS
Five letters were received that expressed concern
with or opposed the rezoning application.
The reasons for objection related to the implications of the reduction
of public use space in a growing community.
Staff received 16 letters in support of this application. Many of the letters in support are from
residents who live across from the school site who wish to see the lands
redeveloped rather than lying vacant for an indefinite period of time.
SUMMARY OF PUBLIC INPUT
This is the last piece of Institutionally zoned land in the community. As a core community with a growing population and very inadequate space in our overcrowded heritage Firehall for community programs, the loss of this institutional land will be felt by all of our community.
When the developer bought the site with no
conditions, he was well aware, as was the School Board, that over 1200 people
in the community had signed a petition and were vehemently opposed to the loss
of this building and land.
To have a vibrant and viable core, more than housing is needed.
The view of the Federation of Citizen
Associations is that the demolition of the present building and the issue of
rezoning are intimately related.
I am saddened and outraged by the inability and
unwillingness of the Catholic School Board to keep the school open and the
building and grounds properly maintained.
We have had a lot of in-fill housing in the
area already. With the addition of
minor housing comes more need for schools, community centres and other
resources. However, these resources are
already full to capacity and the government does not like to spend money on the
older neighbourhood, on new schools and community resources.
Response to Comments
The comments in opposition do not address the
proposed zoning amendment, but instead address the impact of the loss of the
institutional-zoned land. The disposal
of this school property occurred two years ago after the OCCSB declared their
school site surplus. It is the
Department's position that all avenues were investigated for the reuse of this
site for another institutional use.
Reasons in Support
This email is to formally inform you that as
neighbours across the street from the school, we favour the rezoning and
welcome that arrival of new residents rather than watching the building decay
because no one can afford to refurbish it.
We know that no public institution, whether a
school board or City, has the funds to buy the lands.
My concern is not with the rezoning itself,
with which I have no objection. I am
writing to express my discontent with some of my fellow residents who have
organized a campaign to interfere with the rezoning. A small number of residents in the area have been persuading
members of our community to rally against the rezoning through the use of
misinformation and disingenuous promises.
A great number of people have been convinced to sign a petition opposing
the rezoning under the false hope that this property will be used as a school
facility or for a community centre.
It is my hope that the silent majority of
residents who do not oppose the rezoning are not overruled by the noisy few who
oppose change in principle.
I am no longer opposed to rezoning of the property, but only if the
City has exhausted every possibility to preserve it for institutional use in
the immediate and midterm future.
The proposed residential development is of
reasonable density and is architecturally consistent with the neighbourhood.
The company (Charlesfort Developments) is known
for the excellence of its work and the development will bring in the new
residents without overcrowding.
Vandalism on the property and disorderly
conduct at all hours of the night are a regular occurrence since the property
has been left vacant. There is broken
glass and litter on and around the property.
We are especially pleased that the development
will incorporate a parkette to maintain and protect what we consider to be a
"legacy" oak, one of several found throughout the neighbourhood.
In terms of planning principles, we believe that
this proposal is entirely consistent with the objectives of the Ottawa South
Neighbourhood Plan
Staff attended two public meetings on November 10, 2004, and December 01, 2004. The November 10, 2004, meeting was hosted by OSCA and was attended by approximately 80 people. Staff was present at this meeting as a resource and answered questions about the planning process. The December 01, 2004, meeting was hosted by the Ward Councillor and attended by approximately 60 residents. Staff again was present to provide technical details of the zoning change and to speak to the Official Plan context of preserving schools and institutional spaces in urban neighborhoods.
COUNCILLOR’S COMMENTS
Councillor Clive Doucet is aware of the staff recommendation.
COMMUNITY ORGANIZATION COMMENTS
The Ottawa South Community Association (OSCA)
presented a 10-page document that highlights the community's perspective. The brief summarizes the planning
considerations. They indicated that,
while the vast majority of community residents are opposed to the rezoning
change from Institutional to Residential because of its implications for the
reduction of public use space in a growing community, it is also clear that a
much smaller number of individuals, generally those whose properties face the
site, are in favour of the rezoning as they are concerned about the site
remaining vacant and the consequences of its potential deterioration.
OSCA in their letter made it clear that its
position on the zoning question in no way reflects on its views of the
developer who is viewed as a responsible individual who has done high quality
work in the Ottawa area. The issue from
OSCA's perspective is the implication of the development for the long-term
provision of public space in the community.
OSCA believes that the Ottawa-Carleton Catholic School Board and the City of Ottawa have not done enough to preserve the property as community space and deplores the City's failure to adequately invest in community space and services in Old Ottawa South. OSCA understands that their recommendation will disappoint many residents who live close to 88 Bellwood and who have legitimate concerns about risks and uncertainty that may be created by the City's rejection of this rezoning proposal. However, it is their view that long-standing neighborhood commitments and principles to protect and enhance the community by preserving public spaces should be defended and maintained.
The OSCA report does not address the proposed zoning amendment to permit a residential infill development at this location. It focuses on the loss of public open space in the community. It is the Department’s position that the loss of the institutional use at 88 Bellwood Avenue has been discussed at length at the time of the disposal of this property and that consultation took into consideration the mandate of the OCCSB. The property was placed on the open market and sold after no organization, group, government agency or the City of Ottawa expressed an interest in purchasing the site and after an unsuccessful attempt was made by the current owner to form a public-private partnership development in 2002.
ADVISORY COMMITTEE COMMENTS
Environmental Advisory Committee
This Committee supports this rezoning because
it allows for intensification without any apparent negative environmental
impact.