Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
26 August 2005 / le 26 août 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 for 211 Bronson Avenue to add an exception to the I1 Minor Institutional
Zone as shown in Document 1 and detailed in Document 3.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de l’environnement
recommande au Conseil d’approuver une modification au Règlement municipal de
zonage de l’ancienne Ville d’Ottawa pour le 211, avenue Bronson afin d’ajouter
une exception à la zone de petites institutions (I1), tel que l’indique le
document 1 et le précise le document 3.
BACKGROUND
The Bronson Centre at 211 Bronson Avenue is located along the east side of Bronson Avenue between Nepean and Lisgar Streets in the Centretown Community. The site accommodates a former High School which has been converted to a community centre and offices for use by a variety of organizations. The existing building is three-storeys, with approximately 2787 square metres of floor space. Townhomes are located behind the subject property to the east. Across the street to the west are rental apartment buildings and a non-profit housing development. To the south is the Memorial Baptist Church and apartment buildings, and to the north is a public parking facility.
In 1998, an application for a Minor Variance to permit relief from the definition of a Community Health and Social Services Centre was approved which allowed three organizations in the building to have programs that included overnight care/living accommodation. The variance application was granted with a condition that there be no more than a total of 25 beds used in conjunction with the following three organizations: "the Sisters of the Sacred Heart, the Sisters of Charity and the Pinganodin Lodge". The variance was limited to the duration of these programs only. Between 1998 and 2003 the organizations which operated the 25 rooming units changed and each time the Bronson Centre had to return to the Committee of Adjustment for approval to satisfy the condition that tied the operation of the rooming units to specific organizations.
The purpose of this application is to comply with a condition of the June 6th, 2003 decision of the Committee of Adjustment that permitted the continued use of 25 rooming units provided that the Bronson Centre apply for a Zoning By-law Amendment to formally permit this use in the Zoning By-law. The intent of this condition is to eliminate the requirement that the Bronson Centre request permission from the Committee of Adjustment to continue occupancy of these rooming units in the event that the host organisation changes. The Department is recommending that 25 rooming units be permitted as an ancillary use to permitted uses that operate out of the Bronson Centre without reference to host organizations, which is beyond the mandate of a Zoning By-law under the Planning Act. No other uses or additions to the Bronson Centre are proposed nor would be permitted by approval of this amendment.
The Bronson Centre
The Bronson Centre, which is in the former Immaculata High School building, was established in 1996 as a non-profit registered charity. The Centre, still owned by the Grey Sisters provides affordable, permanent office space to community based organizations with limited resources. There are over 30 agencies performing services to their members on this site.
The 25 rooming house beds being requested are described as supportive residences which provide motivated people with tools and resources to enhance their quality of life. The rooms were previously ecclesiastical residences and are currently used for two non-profit organizations, both with offices and support facilities in the Bronson Centre. Support staff are available on-site in the Bronson Centre to provide a variety of support and counselling services to their members.
The rooming units provide transitional housing for periods ranging from six months to three years. Typically residents are interviewed and the most motivated individuals are given tenancy. All counselling, support, training and employment services are available on a voluntary basis to residents, as there is no formal requirement to attend meetings or utilize services. However, given the interview process by each host organization, most if not all tenants take advantage of the support and counselling services offered on site.
DISCUSSION
City Council Approved Official Plan
Traditional Main Street Designation
The subject property is located along a designated Traditional Mainstreet on the Schedule B Urban Policy Plan in the Council Approved Official Plan. The Mainstreet designations identify streets that offer some of the most significant opportunities in the city for renewal through more concentrated forms of development, a lively mix of uses, and adherence to a more design-oriented approach to planning. Areas designated in this manner are generally able to take advantage of existing municipal services, such as public transit and an acceptable concentration and diversity of housing, employment, retail and civic functions. The Official Plan acknowledges the diversity of Mainstreets and the differing scale and nature of uses that may locate there.
Given that the subject property is on a Traditional Mainstreet, within a larger community facility and in proximity to a wide variety of employment, retail and civic functions, the Department finds that permitting 25 rooming units in the Bronson Centre maintains the intent of the City Council Approved Official Plan. The Mainstreet designation allows for "more concentrated forms of development" and the use of space in an existing institutional facility for 25 rooming units will allow for the adaptive use of the building without altering the physical character of the neighbourhood.
Section 2.5.2 of the Official Plan, Affordable Housing, states that the need to accommodate social diversity is a cornerstone of a liveable community. Diversity in the housing supply is achieved through a mix of multiple and single-detached housing, provision of ownership and rental housing, housing affordable to low and moderate income groups, and housing appropriate to households with special needs. The policies of Section 3.1 in the Official Plan advocate that all forms of housing, including rooming houses, group homes, shelter accommodation, be permitted wherever residential uses are generally permitted, subject to regulations contained in the zoning by-law. However, the Zoning By-law may include area-specific provisions to regulate the size and location of this use. In addition, the By-law may provide for the location of larger-sized facilities in areas of higher-density and/or employment or institutional areas, as appropriate.
The residential zoning surrounding much of the site permits rooming units in detached homes, duplexes, semi-detached homes and townhomes. Permitting a larger scale rooming house within the Bronson Centre is not out of character with the residential neighbourhoods in the area given that rooming units are permitted in the surrounding residential zones. In addition, the Bronson Centre offers an excellent location for medium density rooming units in a large institutional facility located near the downtown core, at the edge of a neighbourhood and along Bronson Avenue, a busy arterial road. The provision of affordable housing at the Bronson Centre implements policies in the Official Plan that encourage integration of land uses, diversity of housing supply and affordable housing for low income groups.
Former Regional Official Plan
The subject property is designated General Urban Area on Schedule B Urban Policy Plan of the former Regional Municipality of Ottawa-Carleton Official Plan (ROP). The policies applicable to this designation are outlined in Section 3.6 of the ROP, and create a framework for urban areas which permit communities to be mixed use, diverse, and adaptable to changing needs. These areas are to be used primarily for residential purposes and the shopping, services and community facilities required to meet the day-to-day needs of the residents. The ROP includes objectives for healthy communities, one of which is to foster communities that offer opportunities to live, work and play for residents of different abilities, ages and incomes. The proposed amendment to permit 25 rooming house beds at 211 Bronson Avenue maintains the intent of this policy framework as it provides better integration of community and residential uses. Providing rooming units in this location provides the potential tenants with the opportunity to live and work in the same community. The recommended zoning is considered to satisfy the applicable Regional Official Plan Policies.
Former City of Ottawa Official Plan
The subject property is designated as Residential Area on "Schedule A Land Use" of the former City of Ottawa Official Plan. This designation permits primarily residential uses. Non-residential uses and neighbourhood serving uses are also permitted provided certain policies are satisfied. The policies in Section 3 are aimed at providing present and future residents of Ottawa with a choice of adequate and affordable housing which meets their needs. Specifically, these policies attempt to facilitate a choice of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing in each neighbourhood (Section 3.1.2); increase the supply of affordable housing by integrating adequate housing for low and moderate income households and those with special needs in all neighbourhoods (Section 3.1.5); and promote a range of tenure in all neighbourhoods consistent with demand (Section 3.3.1).
The former City of Ottawa Official Plan encourages Council, where appropriate, to provide assistance to interest groups, special needs groups, third sector groups, the public and the private sector to provide affordable housing (Section 3.2.2(f)). An Amendment to the Zoning By-law permitting 25 rooming house beds in the Bronson Centre is in accordance with these policies as affordable housing is being provided in a community setting where residents can voluntarily access a variety of independent and customized support and counselling services.
Volume II - Secondary Policy Plan, Plan of Centretown
The Centretown Secondary Policy Plan contained in Volume II of both the City Council Approved and former City of Ottawa Official Plans applies to the subject property. It is a goal of the Centretown Secondary Policy Plan to accommodate persons of all age groups, income levels, cultural backgrounds, lifestyles and household sizes wishing to live in Centretown with good quality, affordable housing. The subject property is within the Public / Institutional Use Area, as identified on the Centretown Land Use Schedule. These areas are intended to include a wide variety of public uses including schools, parks, public utility installations, municipal facilities, community health centres and places of worship. The proposed zoning is in keeping with the Centretown Plan.
The intent of all former and current Official Plans described above is to provide a diverse mix and range of housing to all income levels in designated residential areas. Each Official Plan designates this site and area for a variety residential uses, densities, and tenures. Allowing an existing large Community Centre in a central location to also provide residential dwellings is consistent with the policy framework of all the Official Plans.
Zoning By-law
The current zoning designation for the Bronson Centre is "I1 - Minor Institutional Zone" which permits a range of neighbourhood-serving, emergency and institutional uses. The intent of this zone is to ensure that institutional uses are compatible with residential uses. Therefore, allowing a residential use within this building does not contradict the intent of the I1 designation specifically since limited residential uses are already permitted in this zone.
The Department is recommending an exception to the I1 zone that would permit 25 rooming units as an ancillary use to permitted uses that operate out of the Bronson Centre. A “rooming unit” is defined as a room, or a suite of rooms, that consists of a separate, independent occupancy in which a person sleeps; and which might have either a kitchen or a washroom, but does not have both. Rooming house units are residential uses and are permitted in the surrounding residential zones, however, most such zones have exceptions that only permit 25% of the gross floor area of buildings to be used for rooming units. Integrating residential uses into the Bronson Centre is consistent with the Minor Institutional designation and the gross floor area proposed to accommodate the use will not likely exceed 25% of the total gross floor area. The location also offers effective access to counselling and support services that are and will continue to be provided on-site in the Bronson Centre.
Conclusion
The policies dealing with affordable housing in the City Council Approved Official Plan clearly recognize the need for affordable housing, which includes rooming units, within the city. The proposal is also supportive of the affordable housing policies in the former City of Ottawa Official Plan and the former Region of Ottawa-Carleton Official Plan.
The recommended zoning helps to maintain the existing supply of rental housing without altering or changing the existing built form or neighbourhood environment. Allowing this amendment will not increase or alter the number of overnight residents permitted by previous Committee of Adjustment approvals, it does offer flexibility in ensuring that these spaces are allocated as they are needed within the programs provided by agencies at the Bronson Centre. Based on this rationale, the Department is recommending approval of the requested Zoning By‑law amendment to allow the continuous use of 25 rooming units in the Bronson Centre.
CONSULTATION
[U4]Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. 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 No. 4
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
The
application was not processed by the "On Time Decision Date"
established for the processing of Zoning By-Law amendments to allow the Bronson
Centre additional time to discuss the proposal with nearby residents.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Explanatory Note
Document 3 Details of Recommended Zoning
Document 4 Consultation Details
DISPOSITION
Department of Corporate Services, Secretariat Services to notify the owner (Grey Sisters of The Immaculate Conception, 720 MacKay Street, Pembroke Ontario K8A 1G6), applicant (Cory Mayville, 211 Bronson Avenue, Ottawa Ontario K1R 6H6), 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.
Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.
Document 1
LOCATION MAP
Air Photograph of the Bronson Centre and Vicinity (2000)
Document 2
EXPLANATORY NOTE
By-law Number 2005-X amends Zoning By-law 1998 of the former City of Ottawa as it applies to 211 Bronson Avenue. The site accommodates the Bronson Centre and is located along the east side of Bronson Avenue between Nepean and Lisgar Streets in the Centretown Community, as shown on the attached Location Map. The existing building has three-storeys, with approximately 2,787 square metres of floor space, and is used by approximately 30 non-profit organizations. Townhomes are located behind the subject property to the east. Across the street to the west are rental apartment buildings and a municipally funded, non-profit residential development. To the south is the Memorial Baptist Church and apartment buildings. To the north is a public parking facility.
Purpose of Zoning Amendment
The purpose of the Zoning By-law amendment is to permit, through an exception, the existing rooming units containing 25 beds at 211 Bronson Avenue, the Bronson Centre.
Existing Zoning
The zoning designation for the Bronson Centre is I1, a Minor Institutional Zone. This zone permits a range of neighbourhood-serving, emergency and institutional uses. The intent of this zone is to ensure that institutional uses are compatible with residential uses. The existing 25 rooming units were formally established following Committee of Adjustment Approvals.
Proposed Zoning
The proposed zoning will add an exception to the current I1 Zone to permit the existing rooming house units with a maximum of 25 beds in either single or double occupancy rooms. No other changes to the performance standards are proposed in this Amendment.
Should you have any questions regarding the
amendment please contact Saide Sayah at 580-2424 ext. 27589.
Document 3
DETAILS OF RECOMMENDED ZONING
The following zoning change will be made to, 211 Bronson Avenue, the property shown on Document 1:
Change the Zoning from I1 Minor Institutional to I1 [xxx] with the following exceptions:
1) Create a site specific exception zone to permit rooming units containing a maximum total of 25 tenants as an ancillary use to permitted uses that operate out of a Community Centre or Community Health and Social Service Centre.
Document 4
CONSULTATION DETAILS
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
The Department received a petition with 25 signatures from residents in the immediate vicinity who expressed concern about the proposal. Two letters in support of the Zoning By-law Amendment were also received during the public consultation process.
The following two letters of opposition were provided to the Department:
SUMMARY OF PUBLIC INPUT
Letter 1
"The humanitarian in me wants to say ''yes'' about the proposed plan, but the realist has many questions. In yesterdays' -September 16/03 Citizen on page B3 there is a full page article on a City property gone wrong. Seniors in a building being threatened by the druggies and mentally ill that were moved in a few years ago. I would want assurances that this plan of ''overnighters'' would be supervised 24 hours a day, with guards to evict people who can't follow rules. I have been living in Centretown for under 10 years but I have seen a vast improvement in the area. We have new condo townhouses and more properties are owner inhabited. This is visible by the gardens and renovated facades. I would not like to see us backslide."
Letter 2
" This letter is to outline the objection to this application.
Begin by stating the use of 211 Bronson as a community health and social service centre for meetings, activities and administrative offices is a welcomed addition to the community and is not and has never been opposed.
Concern
regarding special needs status:
Given that there are 2 special needs houses located (Bronson and Primrose streets) already within the 200 meter radius of 211 Bronson. The Special Task Force (City of Ottawa, early 1990's) was guided by the principle that the rights of all individuals, regardless of special needs, are to be followed (pg.2). Thus the Task Force went onto "encourage towards the trend of smaller special needs homes, in order to maximize the opportunity for normalization and integration into the Community (Ibid). That Task Force also states that the size restrictions would ensure that the general characteristics of the neighbourhood is maintained (page 3). The Task Force concludes that measures should be taken to ensure that over concentration does not occur and that no one neighbourhood should shoulder a disproportionate share of special needs homes (Ibid).
Currently the Zoning By-law 146, 147 (Residential Regulations, pg 4-8, 4-9) states there is to be a separation distance of 200 metres for the R5 Zone. May it be assumed that the intent of the Zoning By-law is such that the City does not wish to have an over concentration of special needs housing within one community, and have to deal with future situations that the west end community of Toronto now faces.
Concerns
regarding rooming house status:
Does the property meet the requirements - such as the necessary amenity requirements, meet fire regulations, meet property standards. Does the change in status of the property conform to the vision held for this neighbourhood?
CONCERNS:
Whether Special Needs or Rooming House Status:
1. Fire: Over the past 5 years since the Committee of Adjustment issues a variance allowing the residential use of a portion of 211 Bronson - the fire and police departments have made frequent visits to the residential portion, including a call to extinguish a bonfire ignited by the residents adjacent to the building in the courtyard.
This is at a cost - both by increasing a danger to all residents of 211 Bronson and surrounding neighbours, and occurs at a financial cost.
2. Regulations: does the building meet the Ontario Building Code Standards Requirements, property standards, fire code (required smoke alarms for a 3 story building, full fire alarm system, fire exits, fire escapes, number of fire extinguishers), space requirements (75 sq. ft per room), sanitary (number of bathrooms - one per 5 people, 2 for 6-10 people, 3 for 11-15) and health requirements.
3. Lack of supervision: first meeting of the committee of adjustment in 1998, and subsequent open houses, many assurances were made by the applicant that 2 members of the religious order would reside on site 24-7 to assure the community that building was maintained, security would be monitored, and the community's concerns would be alleviated. The 2001, and 2003 made no mention of residency of the religious orders, nor of any alternative measures being instituted.
4. Security: personal and property - There is a general concern for the safety of the neighbourhood. Already there has been loss of property and incidents of graffiti. Rooming house status might attract individuals with significant personal, psychological, financial problems, changing the tone of the neighbourhood, and impacting upon the safety and peace of mind of other neighbours. We would like to have peace of mind to walk home and to walk about the community.
5. Parking: Currently parking is at a premium, increasing the centre core, are there to be additional parking spaces provided.
While it is recognized that there is a housing shortage in Ottawa, and creative use of available space is to be embraced, yet it is hoped that this is not being done at the expense of property standards, fire regulations, health and safety concerns.
Surely there can be alternative uses made of this space, such as additional community office space, or studios for artists or other activities that would occur during regular business hours, restoring the property to a true definition of community health and social service centre. "
Much of the opposition from respondents is not against the addition of a residential use on the subject property but rather the tenants for whom the rooming units are to be provided. The Department notes that the proposed rooming units are not a special needs facility. Although residents in this facility have access to a variety of services, utilization of counselling and specific services is not mandatory, only voluntary. Simply put organizations involved are providing affordable housing to persons who would voluntarily utilize their services. Individual residents are responsible for their own meals and have free uninhibited access to enter and leave the premise as any other residential building in the City.
With respect to various safety and health regulations, the City of Ottawa does not approve developments or redevelopments of buildings that do not comply with Provincial building code, health and safety standards.
COUNCILLOR’S COMMENTS
Councillor Diane Holmes is aware of the application and the staff recommendation.