Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
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 : Richard
Kilstrom, Manager / Gestionnaire
Community Design and Planning /
Aménagement et Conception communautaire
(613) 580-2424 x22653,
Richard.Kilstrom@ottawa.ca
REPORT RECOMMENDATION
That the Planning and Environment
Committee recommend Council approve an amendment to the former City of Ottawa
Zoning By-Law 93-98 to change the definition of "duplex house" as
detailed in Document 3 to address concerns that the definition has permitted
inappropriate forms of housing to develop.
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 93-98 de l'ancienne Ville d'Ottawa visant à changer la définition de «
duplex » telle qu'exposée en détail dans le Document 3 et ainsi solutionner des
ambiguïtés ayant permis l'aménagement de formes inappropriées d'habitation.
BACKGROUND
A City Council motion of February 22, 2006, directed planning staff to bring forth a City-wide zoning amendment in the former City of Ottawa to address concerns of inappropriate duplex development. Duplex units are defined as two residential units located in a building in the former City of Ottawa Zoning By-law 93-98. Duplexes are being built by certain developers, in the former City of Ottawa, that has resulted in development that was not intended and is not in keeping with existing neighbourhood character.
DISCUSSION
Duplexes have been created by
certain developers that appear to be two separate houses on a single lot, but
are, in fact, joined underground, technically becoming a single building. These types of development have the
appearance of back-to-back semi-detached or linked detached dwellings. However, because the units are back-to-back
on one lot, this type of development technically fits into the definition of a
duplex (two dwelling units in a building) and would be permitted in any
residential zone in the former City of Ottawa that permits a duplex house.
There have been instances of this form of
duplex in the Glebe and Ottawa West where one dwelling would face the street
while the second dwelling would be located in what would appear to be backyard
of the first dwelling. This situation
can create privacy issues for adjacent neighbours since the rear units
residents' primary living areas would face the private backyard space of
adjacent neighbours (see Document 1)
and generally does not fit into the built form pattern of most existing
residential neighbourhoods.
The former City of Ottawa Official Plan, upon
which the former City of Ottawa's zoning by-law 93-98 is based, includes
planning policies that do not support this new form of duplex. Objective 3.6.1 e) in Chapter 3 - Housing
Development and Residential Areas, states that new housing should be
well-integrated and compatible in design with existing housing
development. Further, policy 3.6.2 l) itemizes
a list of factors that are required to be used in determining the acceptability
of minor residential development proposals.
These factors are not respected with this new form of duplex: these new
duplex developments do not respect the massing of existing adjacent buildings;
building setbacks are not similar to established pattern on the street; the new
buildings are not physically-oriented in the same manner as existing buildings
and; the outdoor amenity area of the new units does not respect the privacy of
outdoor amenity areas of adjacent residences.
Infill Housing Design Guidelines approved by
City Council in 2005 indicates that new housing development should reflect the
existing pattern of development in terms of height and yards (3.1.2). These guidelines further discourage
arrangement of dwelling units where one unit faces the back of another (3.1.7)
and indicates that rear elevations and yards be consistent with existing
pattern of neighbors so that the backyards are generally consistent with
neighbors (3.1.9).
In general, the Department finds that
back-to-back development that now fits the definition of duplex does not
represent a good form of infill development and does not implement the intended
form of development. At this time, there
are only a few examples of this type of development. However, this type of duplex development is possible throughout
the former City of Ottawa. The
Department therefore is recommending that the definition of duplex be modified
to prevent this inappropriate form of development from further occurring in the
former City of Ottawa.
Details
of Proposed Zoning
It is
recommended that the defintion of "duplex house" be replaced with a
new definition. A "duplex
house" will consist of two principal residences that are
horizontally-separated. This definition
will prohibit back-to-back development from being constructed under the
definition of a duplex.
CONSULTATION
This zoning amendment has been undertaken as a result of a motion at City Council requesting that staff review the current practice by certain developers of building new forms of duplexes that in effect results in back-to-back development.
FINANCIAL IMPLICATIONS
SUPPORTING DOCUMENTATION
Document 1 Plan Illustrating Duplex Dwelling Issue
Document 2 Explanatory
Note
Document 3 Details
of Recommended Zoning
DISPOSITION
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
PLAN ILLUSTRATRATING
DUPLEX DWELLING ISSUE
Document 2
EXPLANATORY NOTE
By-law Number ____ amends Zoning
By-law 93-98 of the former City of Ottawa.
The amendment affects the definition of "duplex house".
The
zoning amendment will change the definition of "duplex house" in
Zoning By-law 93-98. The current
definition states that it is a building with two dwelling units. The proposed amendment will state that a
"duplex house" will be a residential use building having two
principal dwelling units that are horizontally separated.
For
further information, please contact Rose Kung at 613-580-2424 ext. 13124.
Document 3
DETAILS OF RECOMMENDED ZONING
The definition of "duplex house" in Section 2, Part 1 of the City of Ottawa Zoning By-law 93-98 be replaced with the following definition:
"duplex house" means a residential use
building containing two principal dwelling units that are divided horizontally.