5. ZONING - 3 CLAREMONT DRIVE

ZONAGE - 3, PROMENADE CLAREMONT

Committee recommendation

That Council approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 3 Claremont Drive from R3A (Converted House/Townhouse subzone) to R3A - exception (Converted House/Townhouse subzone - exception) as detailed in Document 2.

Recommandation du Comité

Que le Conseil approuve une modification au Règlement de zonage de l’ancienne Ville d’Ottawa visant à faire passer le zonage de la propriété située au 3, promenade Claremont, de R3A (sous-zone de maisons transformées et de maisons en rangée) à R3A – exception (sous-zone de maisons transformées et de maisons en rangée – exception, comme le précise le document 2.

Documentation

1. A/Deputy City Manager's report (Planning and Growth Management) dated
12 October 2006 (ACS2006-PGM-APR-0192).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

12 October 2006 / le 12 octobre 2006

Submitted by/Soumis par : John L. Moser, Acting Deputy City Manager/

Directeur municipal adjoint par intérim,

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, 13242 Grant.Lindsay@ottawa.ca

Rideau-Rockcliffe (Ward 13)

Ref N°: ACS2006-PGM-APR-0192

SUBJECT:	ZONING - 3 Claremont Drive (FILE NO. D02-02-05-0099)
OBJET :	ZONAGE - 3, promenade claremont

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 3 Claremont Drive from R3A (Converted House/Townhouse subzone) to R3A - exception (Converted House/Townhouse subzone - exception) as detailed in Document 2.

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 visant à faire passer le zonage de la propriété située au 3, promenade Claremont, de R3A (sous-zone de maisons transformées et de maisons en rangée) à R3A – exception (sous-zone de maisons transformées et de maisons en rangée – exception, comme le précise le document 2.

BACKGROUND

The subject property is located at the northeast corner of St. Laurent Boulevard and Claremont Drive, one block north of Hemlock Road. The property is zoned R3A (Converted House/Townhouse Zone), and is currently occupied by a two-storey detached house with a shed and driveway at the rear of the lot. The property has 15.24m of frontage on St. Laurent Boulevard, 30.06m of frontage on Claremont Drive, and a lot area of 506.6 m². The applicant is proposing to construct a three storey mixed use building with Dental and Homeopathic Offices on the ground floor and four dwelling units, two on the second floor and two units on the third floor, above.

The property to the north is zoned R3A, and contains a two-storey building with a convenience store on the ground floor and residential units above. The property to the east (rear) of the subject property is zoned R6A[110] Sch. 99, which permits a mix of medium and high density residential uses, with ancillary commercial uses and has been developed as a three-storey planned unit development. The area to the south side of Claremont Drive is zoned CG F(1.0) and contains a mix of commercial and residential uses in one and two storey buildings. The properties to the west, across St. Laurent Boulevard, are zoned R3A U(40), and are developed with townhouse dwellings.

Existing Zoning

The property is currently zoned R3A, a Converted House/Townhouse Zone with the purpose of permitting a range of low-density dwelling types on individual lots or in planned unit developments. The R3A subzone that applies to the subject property, and to other properties on St. Laurent Boulevard close to the subject property, does not permit commercial uses. Nevertheless, a number of commercial uses that were established prior to the properties’ designation as R3A continue to exist.

Proposed Zoning

The Department is recommending that an exception be added to the R3A zone to include “medical facility”, “office”, and “dwelling unit” as additionally permitted uses on the site with a minimum requirement of five parking spaces for each 178 square metres of office and medical facility gross floor area and 0.5 parking spaces for each dwelling unit to be provided in a mixed use building.

DISCUSSION

Official Plan

The site is designated General Urban Area in the Official Plan. Lands having this designation are expected to develop with a wide range of residential uses as well as employment, service, cultural, leisure, entertainment and institutional uses. A project including a small dental practice, homeopathic clinic and four dwelling units is in keeping with the policies of this designation as it represents a mix of residential and small scale service uses that are compatible with the surrounding community. The proposal also modestly intensifies the site by adding four dwelling units to a serviced, central location. The Official Plan promotes opportunities for infill on lands such as 3 Claremont Drive, where the addition of residential uses and other uses can be accomplished in a complementary manner. In this case, the proposed uses can be provided in a low profile, three-storey building with the required parking proposed underground. A landscape area with trees is also proposed to provide a vegetative screen along the boundary with the townhouse units abutting the site to the east.

The Compatibility of Development Section in the Official Plan require the City to ensure that there is compatibility with the pattern of the surrounding area in terms of height, setback from the street and distance between buildings. Where the height, building mass, proportion, street setback and distance between buildings varies from the norm in the area, the proposed design may compensate for this variation through its treatment of other characteristics common to the surrounding area, including the materials, textures and colours used in wall treatments; the articulation of facades; the size, shape and location of doors and windows; the treatment of parking facilities and the location of garages; the form of the roof shape; landscape treatments; and other architectural of design features where appropriate.

It is the Department's position, based on the elevations that have been provided for the proposed new building, that the proposal conforms to this policy and will be a suitable fit within the community. The applicant is proposing a building that maintains the setbacks and building height limit of the existing R3A Zone. The medical office proposed is relatively small, being only 130 square metres for the dental clinic and 45 square metres for the homeopathic office. The type of land use proposed will not conflict with the existing community. The Department expects that a significant portion of the clientele will be generated through pedestrian traffic in the area.

The parking requirement in the proposed Zoning By-law will provide slightly less than that required in the existing By-law, a difference of three parking spaces in this case. Through the Site Plan Control process, the Department is confident that additional ‘tandem’ parking will be provided to offset this small difference. The project will require site plan control and based on the preliminary plans submitted, the Department is satisfied that the proposed building will be a positive addition along the St. Laurent streetscape and to the neighbourhood.

In conclusion, the Department determined that the site is an ideal location for a small mixed-use development. The proposed amendments to the Zoning By-law to permit additional uses and to establish an alternative parking rate is a minor amendment in terms of localized impact. The Department is therefore recommending that the existing zoning be changed to allow the proposed development.

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 this application and the staff recommendation. The City received one negative and one positive comment regarding this application. Details are contained in Document 3.

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

Document 4 Proposed Site Plan

Document 5 Proposed Claremont Elevation

Document 6 Proposed St. Laurent Elevation

DISPOSITION

Corporate Services Department, City Clerk’s Branch, Secretariat Services to notify the owner, (Farid Shodjaee, 1200 St. Laurent Blvd., Box 200, Ottawa ON K1K 3B8), applicant, (Jane Thompson, Architect, 1 Middleton Drive, Ottawa ON K1M 1B8), Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5, 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

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

1. The R3A zone applying to the property known municipally as 3 Claremont Drive, and shown on Document 1, is rezoned to a new R3A[***] exception zone, and notwithstanding anything to the contrary in By-law Number 93-98, the following applies:

• Medical facility, office, and dwelling unit are additional permitted uses
• The parking requirement for the combined 178 m² of medical facility and office is five spaces

§ One of the required parking spaces for the medical facility and office may be provided in tandem, and need not have direct and unobstructed access to a public street.

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

The Planning and Growth Management Department received two comments from the Community regarding this proposed Zoning By-law amendment, one comment was in support and the other was in opposition. The comment in support stated that the person is greatly in support of commercial revitalization in the area.

The comment in opposition cited the following concerns:

§ The loss of this house will further erode the residential housing that enhances the community in Manor Park East.

§ More traffic will be generated.

§ Increased commercialization of our residential area will result from this application, which will set a precedent for other potential commercial uses and result in increased commercial encroachment into residential space.

§ The request should be denied and a moratorium on commercial rezoning in the area should be imposed, given the number of non-conforming uses that have been allowed already, so that the community can examine what future directions it intends for this area.

The Departmental response to these concerns is as follows:

§ The residential use will not be lost as a result of the proposed development. The proposal included four residential dwelling units, which will add further vitality to the neighbourhood.

§ While there will be a slight increase in traffic generated by the residential uses and the commercial uses, the impact has not been deemed to be significant enough to warrant a traffic study.

§ The subject property is in a unique location – on the corner of St. Laurent Boulevard – and close to a number of legal non-conforming commercial uses. The amendment of the Zoning By-law to permit commercial uses at this location is within the policies of the Official Plan.

§ Legal non-conforming uses are not allowed, but are the results of changes in zoning to prohibit uses that were once permitted. A moratorium on commercial rezonings would be a decision of Council, and should be discussed with the Ward Councillor.

The Manor Park Community Association provided the following comments, a summary from a monthly meeting held with Councillor Legendre and preceded by a presentation from the applicant:

It was a good presentation and allowed for discussion of the project.  A vote on whether or not the Community Association would support/oppose the project was not taken, so there is no official community position.  However, the comments at the meeting were generally supportive of the application.  I believe that Angie Todesco is still opposed to the rezoning and would prefer to see the single-family house remain.

Among the comments and issues raised were:

How can we ensure that this rezoning does not permit for a wider range of uses than just the dental facility and office?

It was stated by the proponents that the zoning application is seeking a local commercial with an exception for only these two uses.  Any other uses (e.g. restaurant, pub) typically associated with local commercial will not be granted by this rezoning application, and that any changes to the uses of dental facility and office would need to undergo another separate rezoning application.  This seemed acceptable to the residents in attendance.

Parking was raised as an issue. There was concern that there is adequate parking for the residents of the proposed apartments, but we were informed that there will effectively be one parking spot per residential unit.  Those in attendance last night seemed to like the idea that excessive outdoor parking was being traded off for a better landscaping treatment. 

An issue was raised about how can we be sure that what is proposed will be built.  The owner said that he was there to listen to comments and suggestions and to work with the community to produce a building that is suitable for the location, and could act as a potential stimulus for rejuvenating the local commercial area just south of the property (between Hemlock and Claremont).  He also gave contact information where he can be reached should people have comments/questions/issues, and appears genuinely interested in producing something that will be of benefit to the community.

What wasn't discussed and perhaps this isn't at the rezoning stage, is a way to ensure that designs are followed.  I know for the Minor Variance application that was being sought for 303 St. Laurent Blvd (on the southeast corner of St. Laurent Blvd and Claremont Drive - across the road from 3 Claremont) that an approved landscape plan was one of the conditions placed on the approval.  If the developer did not follow the landscape plan, the City would have had the legal tool necessary to enforce this (e.g. if trees weren't planted, etc).  Can this also be a condition of approval at this stage?

Residents (generally) seemed to appreciate that the rezoning was not seeking additional height or reduced setbacks, only an addition of dental facility and office to the residential uses already permitted by the existing zoning by-law.  There was also an appreciation for the retention of the majority of the existing trees and hedges and the additional tree plantings planned (again this should be a condition of approval at the appropriate stage of the development process).

There were other issues about the "creep" of commercial uses along St. Laurent Blvd and the need to develop a community vision through a Community Design Plan.

To reiterate, the project seems to be acceptable should the implementation of the plan be as good as the design.

I hope I have accurately captured the discussions from last evening.  Again, this is not a Manor Park Community Association position, simply comments from a presentation at our monthly meeting.  I am copying members of the MPCA Planning and Development Committee, as well as others in attendance last evening whom I have e-mail addresses for.

Speaking personally, given the owner’s comments and willingness to listen and work with the community, I think this will be a good project.  Having been the previous owner of the 3 Claremont property, I always felt that it was a good house but in the wrong location.  I think that a mixed-use building (with the uses proposed) is appropriate for 3 Claremont given the fact that there is a mixed-use building adjacent to the north of the property (a legally non-conforming use -convenience store), a three storey cooperative multi-family units adjacent to the east, local commercial to the south, and row units across St. Laurent Blvd (to the west).  I like the fact that parking has been reduced in favour of landscaping.  The parking issue could also be offset by the fact that there is a transit stop directly in front of the property (on St. Laurent Blvd).  This to me seems like the type of development that the City is promoting through its Official Plan.  However, this is not to say that this type of development would be appropriate everywhere along St. Laurent Blvd, which is why a Community Design Plan is critical.

PROPOSED SITE PLAN Document 4

PROPOSED CLAREMONT ELEVATION Document 5

PROPOSED ST. LAURENT ELEVATION Document 6