Report to/Rapport au:
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
07 December 2006 / le 07 décembre 2006
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 : Grant Lindsay, Manager / Gestionnaire, Development Approvals /
Approbation des demandes d'aménagement
(613) 580-2424, 13242 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 286 Kent Street from
Residential R5D[82] H(10.7) to a R5D H(10.7) exception zone as shown in
Document 1 and detailed in Document 2.
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 afin de changer la désignation
de zonage du 286, rue Kent de Zone résidentielle R5D[82] H(10.7) à Zone
résidentielle R5D H(10.7) assortie d’une exception, tel qu’il est indiqué dans
le document 1 et expliqué en détail dans le document 2.
BACKGROUND
The subject property is located on the west side of Kent Street, between Cooper and Somerset Streets. The property is occupied by a two-storey dwelling that was originally constructed for residential purposes. The applicant wishes to amend the existing zoning to add an exception to allow offices on the property.
Plans submitted with the application identify an internal partitioning of the building to provide four offices (three on the second floor and one on the ground floor) and a kitchen area and meeting room on the ground floor. The property currently does not accommodate any parking and enjoys a legal non-conforming right to not provide on-site parking for the current residential use, which City records identify as being a single detached home. No parking is proposed to be provided on site for the proposed office.
The subject property is listed as a category one building on the City's Heritage Reference List. Category one buildings are considered to exhibit significant heritage value and worthy of designation under the Ontario Heritage Act subject to a detailed historical and architectural assessment being undertaken. The introduction of the proposed office use will not result in any modifications to the exterior of the building which will retain its heritage residential character.
DISCUSSION
Official Plan
The subject property is designated General Urban Area in the Official Plan. This designation is intended to contain a wide range of housing types to meet the needs of people, in combination with conveniently located employment, retail and service uses. Together, these uses all help form a sustainable community. In order to meet this goal, the Official Plan contains policies to help guide development.
The policies of the Official Plan related to lands designated General Urban Area, provide for small, locally oriented convenience and service uses to be located throughout the urban area, to serve the local communities. The Plan indicates that they should be conveniently located with respect to concentrations of residential development and provide direct access to pedestrian and cycling from adjacent residential areas. The subject property is located along Kent Street, which is an Arterial roadway. This roadway provides cycling opportunities to the site and has sidewalks that offer pedestrian access for the local community.
The surrounding area, west of Kent, is predominantly residential, with the lands east of Kent Street being characterized as more of a mixed area, having residential and commercial uses, such as offices, retail stores, restaurants and personal service businesses. The proposed small-scale office located along Kent Street fits within the current mixed-use character of the area and will provide an additional service to the surrounding community.
Where non-residential uses are proposed within areas exhibiting concentrations of residential development, the Official Plan provides that such uses be of a size and scale that will not result in large volumes of traffic from outside the immediate area. The proposed office is to be contained within the existing building and will have a gross floor area of less than 200 square metres. The building is part of four similar heritage residential buildings in a row, all containing small-scale neighbourhood type commercial uses. Staff observations have revealed that these existing uses have a minimal impact on the parking and traffic situation in the surrounding area. The proposed office use, like the existing uses on the adjacent Kent Street properties, will also be small scale, will not be a major destination but rather, provide a service to clients living or working in the area. The use, therefore is not seen to be a significant traffic generator.
Further, as the property is located along Kent Street, a major arterial, the limited traffic that may be generated is not expected to have any significant impact on the local residential area.
In addition to the policies contained within the General Urban Area designation, the Official Plan also indicates that consideration must be given to Section 2.5.1 and 4.11. These policies refer to compatibility and relate to such issues as noise, light spillover, shadowing and traffic. While many of the policies contained in these sections speak to design and are addressed through the Site Plan Control process, polices pertaining to traffic, parking and building height are considerations of a rezoning proposal.
It is the Department's position that the proposed rezoning satisfies the relevant conditions found in Sections 2.5.1. and 4.11. As indicated, the proposed rezoning is not expected to result in a development that will have an adverse traffic impact on the surrounding community. It is intended to provide a service to the local residents who have the opportunity to use alternative means of transportation or use the on street parking available. As well, the proposed rezoning does not result in an increase in allowable height, so concerns such as shadowing are not an issue.
Parking
As part of the rezoning, staff are recommending that parking not be required for the proposed office use. As noted, the property currently enjoys a legal non-conforming right not to provide parking and there is no ability to accommodate parking on the property given the restricted access to the rear yard. Not requiring parking is considered appropriate in this circumstance for the following reasons:
The proposed office is a small scale that is not seen to be a destination business, but rather a use that will serve primarily a local client base;
There is available on-street parking along Kent Street that is considered adequate to meet the parking demands that may be associated with the proposed small-scale office;
The property is listed as a category one heritage building and is therefore considered of significance. The proposed adaptive re-use of this building to accommodate a small scale office will contribute to the buildings retention in a way that reflects its heritage residential architectural qualities;
Being a category one heritage building, it has been identified as a building worthy for consideration of formal designated as a Part IV building under the Ontario Heritage Act. To help support their retention and to ensure that the provision of on-site parking does not detract from the buildings heritage qualities, buildings so designated are not required to provide on-site parking under the provisions of the former City of Ottawa Zoning By-law.
Centretown Secondary Plan
In addition to the General Urban Area designation in the City's Primary Official Plan, the property is also located in the Centretown neighbourhood, which has a Secondary Plan applying to this neighbourhood. This Secondary Plan designates the subject property as Medium Profile Residential.
This designation anticipates a variety of dwelling types with the height of these dwellings being limited. Buildings or uses accessory or compatible with the allowable residential uses will be considered.
It is the intent of this designation to allow certain non-residential uses that are considered compatible with and offer services to the surrounding residential community. This policy is similar to policies contained in the Primary Plan and it is the Department's position that the proposed zoning to allow an office use will provide the opportunity for a use to serve the local surrounding community. The impact on the surrounding residential community is expected to be minimal since the proposal is for a property which is located within an existing commercial enclave, along an arterial road.
Conclusion
Given the foregoing, it is the Department's position that the proposed rezoning is appropriate. It will add an additional use to the present zoning which satisfies the policy directions of the Official Plan and provides a service to the surrounding community. It is compatible with the development characteristics of this portion of Centretown and makes efficient use of a heritage building, which may otherwise be unoccupied and subject to physical decline.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. One comment was received expressing concerns about recent construction on the property and the lack of parking that would be available on site. The Centretown Citizens' Community Association indicated they were opposed to the proposal. The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS
TIMELINE STATUS
This application was processed by the "On
Time Decision Date" established for the processing of Zoning By-law
amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended zoning
Document 3 Consultation
Details
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, Adam Mir Ali 65 Golf Links
Drive, Nepean, Ontario K2J 4Y4), applicant, Luc Lavoie
P.O. Box 928, Embrun, Ontario K0A 1W0)
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Corporate Services Department, Legal Services
Branch to forward the implementing by-law to City Council
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
For the lands zoned R5D[xx] H(10.7)the following applies.
1. Additional Permitted Use: Office
2. Office Provisions:
i) a maximum gross floor area of 195 square metres,
ii) the office must be located within a building listed on the City's Heritage References List as a Category One heritage building.
3. The provisions of exception [82] continue to apply.
4. No parking is required for an office use.
CONSULTATION DETAILS DOCUMENT
3
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.
PUBLIC COMMENTS
One comment was received from the posting of the on-site sign. That person indicated they had concerns with recent construction on the subject property and the lack of parking that would be provided on site.
COUNCILLOR’S COMMENTS
Councillor
Diane Homes provided the following comment:
"I
do not support the addition of office uses as an extra permitted use at 286
Kent Street. The intent of the zoning
by-law is to allow only a very limited number of non-residential uses in
residential buildings. If permitted at
this address, we could see a proliferation of office conversions of residential
units - undermining the residential character and viability of the
community."
Response
to Councillor's Comments
As
noted in this submission, the subject property is located within the boundaries
of an established commercial node along Kent Street and does not represent an
external expansion of that node. The
proposed use will have a gross floor area of less than 200 square metres and is
in compliance with the intent of Official Plan policies as it is expected to
provide a service primarily for who live in the neighbourhood, without
on-street parking problems. As well,
the proposal represents an additional use to the underlying residential zoning,
which will allow residential uses on site in the future.
COMMUNITY ORGANIZATION COMMENTS
The Centretown Citizens' Community Association provided the following comment.
"As President of the Centretown Citizens' Community Association (CCCA) I am informing you that the CCCA is opposed to the proposed zoning change at 286. The vote was taken at our recent Annual General Meeting (AGM) with all members present".
Response to Community Association Meeting
As stated in this submission, the Department is supporting the proposed rezoning because it satisfies the policies of the City's Official Plan and is considered compatible with surrounding land uses.