Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
01 February 2006 / le 01 février 2006
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: |
ZONING - 212 Arthur Street and 735
Gladstone Avenue (FILE no. D02-02-05-0127) |
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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 212 Arthur Street from an R4D
Multiple Unit Zone; to CN F(2.0) H(18.3) - exception Neighbourhood Commercial
Zone and add an exception zone to the CN F(2.0) H (18.3) zone for 735 Gladstone
Avenue 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 de zonage de
l’ancienne Ville d’Ottawa en vue de changer le zonage du 212, rue Arthur de
R4D, zone d’habitations multiples, à CN F(2.0) H(18.3), zone de commerce de
quartier assortie d’une exception, et d’ajouter une exception à CN F(2.0)
H(18.3) pour le 735, avenue Gladstone, tel qu’il est indiqué dans le document 1
et détaillé dans le document 3.
BACKGROUND
The site, 212 Arthur Street, is part of a larger "L" shaped property that also includes 735 Gladstone Avenue and is located on the northwest corner of Gladstone Avenue and Arthur Street. The property contains multiple uses and zones with a two storey building on 212 Arthur Street zoned R4D, a Residential Multiple Unit Zone and an auto repair garage at 735 Gladstone Avenue zoned CN F(2.0) H(18.3) Neighbourhood Linear Commercial Zone. The applicant is proposing to consolidate 212 Arthur Street and 735 Gladstone Avenue with the neighbouring 737 Gladstone property to accommodate the redevelopment of the site into a two storey mixed use building containing a retail pharmacy on the ground floor and four dwelling units on the second.
A schoolyard and playground are located across Arthur Street to the east and a mix of low profile residential dwellings are to the north on local streets. To the west and adjacent to the site are two storey commercial buildings containing a restaurant and a print shop. To the south are other mixed-use commercial and converted residential buildings.
The applicant is requesting a Zoning By-law amendment to change the zoning of the property of 212 Arthur Street from R4D to CN F(2.0) H(18.3) to match the zoning of 735 and 737 Gladstone Avenue. The amendment is required to accommodate the Owner’s proposal that will contain the existing pharmacy on the ground floor and four residential units on the second level. The building is proposed to have a zero lot line setback from Gladstone Avenue and Arthur Street and provide up to nine parking spaces in the rear yard with vehicle ingress and egress from Arthur Street.
DISCUSSION
City Council Approved
Official Plan
The subject property is located along a Traditional
Mainstreet in the City Council Approved Official Plan. The intent of the
traditional Mainstreet polices is to encourage a continuous storefront
pedestrian oriented streetscape. The
proposal to construct a two-storey building fronting onto Gladstone Avenue is
consistent with the policies in this designation as it provides a continuous
façade along Gladstone Avenue, a local retail service, and an improved transition into the residential
neighbourhood to the north. The Plan
permits the Zoning By-law to allow uses that provide for local everyday needs
of residents such as shopping, schools,
recreation and services. The Plan also states that new development should
recognize the importance of existing community character so that it enhances
and builds upon desirable established patterns and built form. The proposed
Zoning By-law amendment will allow for the
redevelopment of the consolidated properties in a manner that
complements adjacent residential land uses, and is of a size and scale
consistent with the character of both nearby residential and commercial
development.
The proposed Zoning By-law amendment would permit a
modest expansion of a local retail service and residential intensification
replacing a single dwelling (at 212 Arthur Street) with four new residential units
in a mixed use building along a Traditional Mainstreet. The site provides
direct access for pedestrians and cyclists from adjacent residential areas and
is within a cluster of other community-oriented uses that is likely to
facilitate interaction among residents and contribute to a sense of
community. The area and dimensions of
the consolidated properties will maintain a local scale of development and
would not result in the attraction of large volumes of vehicular traffic from
outside the immediate area.
Redevelopment and infill are encouraged along
Traditional Mainstreets, with a minimum building height of two storeys, to
optimize the use of land through increased building height and density. This
will in turn provide an enhanced interconnected pedestrian environment with
adequate measures to sufficiently relieve the visual impact of surface parking
areas along Gladstone Avenue. The Plan specifically states that surface parking
will not be permitted between the building and the street and that the location
of parking will avoid interruption of building continuity along Traditional
Mainstreet street frontage and will minimize impacts on pedestrians. Currently
the existing pharmacy at 737 Gladstone cannot provide any parking and the
vacant auto garage at 735 Gladstone provides non-conforming parking on the
corner, adjacent to the sidewalk. The Zoning By-law amendment is necessary to
allow the redevelopment of the site on accordance with the Mainstreet Policies
of the plan because the depth of the existing CN zone is not sufficient to
allow for any redevelopment that would provide a continuous two storey building
façade with parking in the rear yard.
Former Regional Official Plan
The former Regional Official Plan policies create a
framework for urban areas that encourage communities to be mixed use, diverse
and adaptable to changing needs. The
site is designated General Urban Area in the former Regional Official Plan.
Section 2.3.1 of this Plan states that an objective of the Regional Development
Strategy is to encourage denser, more compact, balanced development. The Plan directs Council to support
applications for higher-density residential uses where appropriate throughout
the urban area.
The Department has determined that the subject
application conforms to the goals of the former Regional Official Plan. The
proposal to extend the existing CN F(2.0) H(18.3) zone would only permit
building envelopes similar to those already existing and permitted along
Gladstone Avenue and would provide more building separation than is already
provided by the existing building on the residential site. The physical character of the residential
neighbourhood will not be affected by the proposal since the site is at the
edge of the local community. By allowing a mixed-use building with four
dwelling units, the proposed development will help provide a wider range of
housing types and tenures within the urban area of the city and at the same
time provide a local retail use that would be of benefit to the surrounding neighbourhood.
Former City of Ottawa Official Plan
The site is designated Neighbourhood Linear
Commercial Area in the former City of Ottawa Official Plan (OPCO). The Neighbourhood Linear Commercial policies
of the OPCO provide for the enhancement of the mixed use, pedestrian oriented
character of these commercial areas. A main street and storefront type of
commercial development is encouraged with intent similar to that of the
Mainstreet policies in the Council Approved Official Plan. The OPCO specifically
promotes the infilling and consolidation of existing Linear Commercial Areas
and provides a number of factors for Council's consideration to determine the
acceptability of development proposals for expanded uses, which are elaborated
on below:
·
The
existing and proposed use, retail pharmacy and four dwelling units, will not
have a significant impact on nearby residential areas in terms of noise, fumes
and traffic generation since the intensity of the proposal is of a modest scale
and low profile in comparison to existing developments in the area.
·
The
proposal for a two-storey building is consistent with other low profile
building heights in the vicinity and not a departure from what is currently
permitted in the By-law. Through site plan control, the Department can ensure
that the development will integrate with the adjacent community and that the
retail use is street oriented.
The
OPCO encourages parking to be located in the rear yard to promote a relatively
continuous building façade adjacent to the street and improve the areas
attractiveness. Permitting the Zoning By-law Amendment would accommodate the
proposed expansion, replacing a derelict auto garage and unsightly front yard
parking area with a continuous two storey building containing a retail pharmacy
use at grade. Through site plan control, the Department can also work with the
applicant to adequately screen the parking area in the rear yard and mitigate
any visual impacts. Also the intent of the recommended exception to permit a
slightly reduced aisle width will provide additional flexibility during the
site plan stage to screen the site from the adjacent residential property to
the north.
Environmental constraints may be present due to
previous automotive related uses on the site. The applicant has been notified
and has begun a Phase I Environmental Site Assessment in compliance with
Ministry of Environment standards.
Other factors include screening storage areas,
utilization of landscaping to buffer visual impacts, locating loading areas in
areas that do not cause pedestrian and vehicular conflicts, reduction of light
spill over onto adjacent residential areas, and safety. The Department is
confident that through site plan control, the redevelopment would occur in a
manner that satisfies all of these factors and will be an improvement to the
neighbourhood from both a pedestrian, residential, and commercial point of
view.
Zoning By-Law Amendment
The Department is recommending that the Zoning
By-law for 212 Arthur Street be amended from R4D a Multiple Unit Zone to CN
F(2.0) H(18.3) - exception, a Neighbourhood Linear Commercial Zone similar to
that existing along Gladstone Avenue.
The portion of the site that is zoned R4D Zone is approximately 5.8 metres
wide and 22 metres in depth, considerably small for residential standards. The
commercial portion of the site is also relatively small with an approximate
depth of 22 metres. The dimensions and areas of these individual parcels pose a
considerable constraint to appropriate development under the current zoning.
Consolidating these sites and extending a single zone better facilitates
opportunities for development consistent with the Official Plan. The exception will apply to the entire
property which includes 212 Arthur Street and 735 Gladstone Avenue and permit a
reduced aisle width of 6.0 metres whereas the current By-law requires 6.7
metres. The purpose is to add flexibility during the site plan stage to better
accommodate curbs and fencing between the site and the adjacent residential
property to the north to mitigate potential impacts from the parking lot.
Conclusion
Permitting the Zoning By-law amendment will allow
for more flexibility during the site plan process and promote better
development standards and built form on the site. Former and current Official
Plan policies will not be compromised but rather implemented by including 212
Arthur Street in the applicant's redevelopment proposal. This will be
accomplished by an increased ability to provide for improved pedestrian,
vehicle, garbage and loading facilities on the site reducing the chance for
conflict between uses within the building as well as with those adjacent to the
site. Four additional dwelling units will be added to account for the one unit
that is being lost on the site. The Department is also recommending an
exception to permit a reduced aisle width to ensure adequate room for fencing
and curbs between 210 and 212 Arthur Street. Overall, it is an advantage to
have these two, formerly three, sites now consolidated into one viable lot to
merit the revitalization of two derelict buildings on the corner of Gladstone
Avenue and Arthur Street.
CONSULTATION
Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councillor is aware of the project and the staff recommendation.
Detailed responses to the notification/circulation are provided in Document 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 for
additional time to consult with neighbours and to discuss potential site plan
issues that could affect the details of the Zoning By‑law amendment with
the applicant.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Explanatory Note
Document 3 Details of Recommended Zoning
Document 4 Consultation Details
DISPOSITION
Corporate Services Department, City Clerk's Branch to notify the owner (A.M. Boghossian Drugs Ltd., 737 Gladstone Avenue, Ottawa, Ontario K1R 6X4), applicant (Michael Chinkiwsky, Barrister & Solicitor, 202-2668 Alta Vista Drive., Ottawa, Ontario K1V 7T4) Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5 and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) 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
Document 2
EXPLANATORY NOTE
By-law Number 2004-X amends Zoning By-law 1998 of the former City of Ottawa. The amendment affects the property containing both 212 Arthur Street and 735 Gladstone Avenue, located on the west side of Arthur Street north of Gladstone Avenue, as shown on the attached Location Map. The applicant is proposing to consolidate 212 Arthur Street and 735 Gladstone Avenue with a neighbouring property 737 Gladstone to accommodate the redevelopment of the site into a two storey mixed use building containing a retail pharmacy and four dwelling units on the second level. To the east across Arthur Street is a schoolyard and playground and to the north is a mix of low profile residential dwellings on local streets. Adjacent to the site to the west are two storey commercial buildings containing a restaurant and a print shop. To the south are other mixed-use commercial and converted residential buildings.
Purpose of Zoning Amendment
The purpose of the amendment is to change the zoning of 212 Arthur Street from R4D a Multiple Unit Zone to CN F(2.0) H(18.3) exception, a Neighbourhood Linear Commercial Zone to allow the expansion of the pharmacy located at 737 Gladstone Avenue. The exception would permit a reduced aisle width of 6.0 metres whereas the Zoning By-law typically requires 6.7 metres, this would provide an additional 70 cm to accommodate more space for curbs and fencing between the 212 and 210 Arthur Street properties.
Existing Zoning
The site, 212 Arthur Street, is currently zoned R4D, a Multiple Unit Zone. Permitted uses in this zone include primarily detached houses, townhouses, duplexes, triplexes and fourplexes. The zoning of 735 Gladstone is currently CN F(2.0) H(18.3), a Neighbourhood Linear Commercial Zone with a floor space index of 2.0 and a maximum height limit of 18.3 metres.
Proposed Zoning
The proposed zoning is CN F(2.0) H(18.3) exception, a Neighbourhood Linear Commercial Zone that will permit the expansion of the retail pharmacy at 737 Gladstone Avenue. The exception would apply to both 212 Arthur Street and 735 Gladstone Avenue and permit a reduced aisle width of 6.0 metres whereas the Zoning By-law typically requires 6.7 metres.
Should you have any questions regarding the
amendment please contact Saide Sayah at 580-2424 ext. 27589 or email:
saide.sayah@ottawa.ca .
Document 3
DETAILS OF RECOMMENDED ZONING
The following zoning changes will be made to the properties shown on Document 1:
1. A new exception will be added to Table XV - Exceptions of By-law No. 93-98 that will state:
[xxx] the minimum aisle width is 6.0 metres
2. Change the zoning of 212 Arthur Street from R4D a Multiple Unit Zone to CN [xxx] F(2.0) H(18.3), a Neighbourhood Linear Commercial Zone.
3. Change the zoning of 735 Gladstone Avenue from CN F(2.0) H(18.3) to CN [xxx] F(2.0) H(18.3) Neighbourhood Linear Commercial Zone.
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.
The Department received both supportive and negative responses from residents in the Community.
PUBLIC COMMENTS
The following are excerpts of public comments received during the public circulation:
I am usually very opposed to the loss of any residential housing in the downtown, but as the net gain will be more units, and it will mean the tidying up of this rather junky looking corner, I hope he is successful.
Although I do not know Mr. Boghossian personally, I know he has been a well-respected businessman in this area for years. I consider him and his business, an asset to our community.
Gladstone Street is already heavily commercialized, which affects our residential neighbourhood considerably. Claiming further residential property to that end would only open the gate to further incursions on our street. The Market, at the corner of Somerset and Arthur. is an excellent example of a commercial property taking advantage of residential space. They regularly fill Arthur Street with garbage from their store, and the street itself with fish fluids. We do not need a similar situation at the other end of Arthur Street.
COUNCILLOR’S COMMENTS
Councillor Diane Holmes is aware of the application and the staff recommendation.
1. "While I do not normally support the re-zoning of residential lands, this project represents a net benefit to the community and in particular this section of Gladstone Avenue, by converting a former automotive use to retail and improving the streetscape. As well, the loss of the single dwelling is compensated for by the provision of four apartment units in the new building.
2. It might be appropriate to have the entire site zoned in a manner similar to the 'Gladstone Revitalization Study' section of the street east of Bronson, where the upper floor residential uses were built into the zoning - which could ensure their continued use as residential."
COMMUNITY ORGANIZATION COMMENTS
The Department received comments from two Community Associations, The Centretown Citizens Ottawa Corporation and the Dalhousie Community Association.
Centretown Citizens Ottawa Corporation
I am writing on behalf of Centretown Citizens Ottawa Corporation (CCOC) in support of this application.
CCOC is a landlord with close to 1,000 units of rental housing in the downtown core. We own two apartment buildings on Bronson Avenue, close to the proposed site.
The Executive Committee of our Board of Directors reviewed this application at its meeting last night. Although CCOC normally opposes rezoning of residential to commercial, we feel this application should be approved for the following reasons:
the proponent will increase the number of housing units on the site
the Bell Pharmacy is a valued neighbourhood use and its expansion is welcome
we are pleased to see development happen on Gladstone, something which we have advocated for many years
we expect this may spur further mixed-used development in the area.
If we could improve the application, we would like the proponent to consider additional residential, perhaps by an additional storey or two, as we believe that a 4-storey building would be appropriate for the site.
On balance, we feel the application has merit and would be a good addition to our community and we encourage staff and members of PEC to support it.
Dalhousie Community Association
The Dalhousie Community Association is opposed to this rezoning application. The adjacent neighbourhood is a small area encircled by Somerset, Booth, Bronson and Gladstone. There is great pressure on the liveability of this residential area from the intense commercial activity and/or high level of traffic on these roads. Intrusion of commercial use or parking lots into such a small area has a large negative effect. This was so clear when the Somerset Heights CIP was done that the CIP recommends that Commercial zoning not be allowed to encroach into adjacent residential areas. Gladstone with its similar zoning has the same potential effect.
Replacing a residence or residential zoning with a parking lot is unnecessary and undesirable in an urban setting where most people can walk to this neighbourhood pharmacy. That the house at 212 Arthur is in poor repair is not a valid reason for re-zoning.
The Dalhousie Community Association is not against the expansion of this pharmacy. Indeed the present owner provides admirable service to our community and the replacement of the derelict tire/taxi part shop would be a great improvement.
In our analysis the proposed expansion does not need the 12 parking stalls proposed, either for it's customers or to meet the zoning. The 4 new dwelling units require only two stalls, the addition of 107 m2 only 3.2 and presumably the existing pharmacy has or should have a non-conforming right to zero stalls. Six stalls could be provided on the commercial zoning without using 212 Arthur Property. If our analysis is wrong, there is always Cash in Lieu.
You should also be aware that contrary to the application form the community association was not contacted by the applicant until mid-October after the application had been submitted. When we did meet on November 8th, we made the above points clear to the owner and his lawyer. The latter was to discuss our concerns with the designer and get back to us the following week, but has not.
We have some concerns with exterior garbage storage and commercial store frontage and signage on the residential street face, which need to be dealt with at Site Plan stage.
In summary, we support the expansion of the drug store but are opposed to the proposed re-zoning of 212 Arthur to Commercial or parking.
Response to Comments:
The Department is aware of the various conflicts that can occur between residential and commercial properties and finds that the current zoning and property layout will not improve the relationship between these two land uses within the current context. The Dalhousie Community Association is partially correct in stating that 12 parking spaces are not required as preliminary calculations show that the proposal should not require more than eight new parking spaces, including potential parking credits. However to not include 212 Arthur Street in the pharmacy expansion will create a number site plan constraints that would contribute to lack of garbage facilities, insufficient loading area, inadequate and/or undesirable parking layout for employees, customers, residential tenants and neighbours. Also, the setback requirement of 7.5 metres for commercial buildings adjacent to residential zones would further hinder any possible addition given the other existing constraints such as lot area, depth and the existing pharmacy building footprint.
Although the recommendation would lead to the demolition of the dwelling at 212 Arthur Street, the loss in the structure would result in an improved site layout and functionality, four additional residential units, and an expanded retail pharmacy that would serve the community. The entire area of the site known as 212 Arthur would not be used entirely for parking as some land area would provide for landscaping (trees), garbage enclosure and fencing to buffer potential impacts onto the adjacent residential property to the north.