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6.
ZONING - 360 KENWOOD AVENUE
ZONAGE -
360, AVENUE KENWOOD
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Committee recommendation
That Council approve an amendment to the former City of Ottawa Zoning By-law,
to change the zoning of part of 360 Kenwood Avenue from Minor Institutional
(I1) to a Residential (R3J) exception zone, as shown in Document 1 and detailed
in Document 2.
Recommandation du Comité
Que le Conseil approuve une modification au Règlement de zonage de
l’ancienne Ville d’Ottawa afin de changer la désignation de zonage
d’une partie du 360, avenue Kenwood de zone d’industrie mineure (Il) à zone
résidentielle assortie d’une exception (R3J), tel qu’il est indiqué dans le
document 1 et expliqué en détail dans le document 2.
Documentation
1.
Deputy
City Manager's report Planning,
Transit and the Environment dated
12 January 2007 (ACS2007-PTE-APR-0028).
2. Extract of Draft Minutes, 13
February 2007.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
12 January 2007 / le 12 janvier 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/
Directrice municipale adjointe
Planning, Transit and the Environment/ Urbanisme,
Transport en commun
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 recommend Council approve an amendment to the former City of
Ottawa Zoning By-law, to change the zoning of part of 360 Kenwood Avenue from
Minor Institutional (I1) to a Residential (R3J) 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
d’approuver une modification au Règlement de zonage de l’ancienne Ville
d’Ottawa afin de changer la désignation de zonage d’une partie du 360, avenue
Kenwood de zone d’industrie mineure (Il) à zone résidentielle assortie d’une
exception (R3J), 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 south side of Kenwood Avenue, between Edison Avenue and Melbourne Avenue. The subject property is occupied by five buildings.
One is an ecclesiastical building (La Maison Jeanne d'Arc), while the others are a school, a residence, a garage and a portable building.
The subject property has been severed from a larger property, which before severance, consisted of all the lands in the block between the aforementioned streets and Princeton Avenue to the south. The subject property is surrounded on three sides by low profile single detached homes, while to the south, on the portion of the property that is to be retained, is a convent. The present zoning is institutional, reflecting the historical use of the property.
The applicant submitted a rezoning application to rezone the subject site to residential (R3J) to allow for the construction of 20 new dwelling units comprising eight semi-detached units along Kenwood Avenue and 12 single detached dwellings, six each facing Melbourne and Edison Avenues. As part of the development, the applicant was proposing to demolish all buildings on the subject property.
None of the buildings located on site presently have a heritage designation, however, as a result of this rezoning proposal, the City has received a request to have the original building, a three-storey ecclesiastical building (La Maison Jeanne D'Arc), designated under the Ontario Heritage Act. This request was considered and approved by LACAC on January 25, 2007. As a result of this decision, the applicant has formally requested that the rezoning also allow for multiple residential units to be located within a building designated under the Ontario Heritage Act. In this regard, the applicant is exploring alternatives to provide for the re-use of the existing building as part of the proposed residential development for the property.
When Planning and Environment Committee (PEC) considers this submission and the accompanying submission related to the proposed heritage designation of La Maison Jeanne D'Arc, the applicant intends to present a concept for the adaptive re-use of that building. This presentation will identify alterations required to enable the building to be used for residential purposes. The applicant has further advised staff that he will request PEC and Council to give approval to having the required 5% parkland dedication fee waived in consideration of having the building designated. Also, given the late timing of the request to designate, the LACAC decision and that a formal application to alter has not been made, (as the building is not yet formally designated), the applicant has advised he will also request that PEC and Council give approval in principle to the alterations that will be required for the adaptive re-use of the existing building and that Council delegate final approval of these alterations to staff. This delegation of approval will be subject to the alterations being consistent with the concept presented to PEC. The applicant is making this request, rather then being required to submit an application to alter a designated heritage building (after it is designated) and having that application going forward for consideration and approval by LACAC, PEC and Council.
DISCUSSION
The City's Official Plan designates the subject property as General Urban Area.
Lands with this designation are intended to be developed with a full range and choice of housing types to meet the needs of the public. Conveniently located employment, retail, service, leisure and other non-residential uses are also anticipated, with a view to creating a complete and sustainable community.
While the Official Plan calls for a broad mix of uses on lands designated General Urban Area, this does not imply that any use is appropriate at any location. The Zoning By-law establishes the types of uses permitted on a property and with any rezoning proposal, the City must be assured that it is compatible and appropriate with surrounding uses. The City's Official Plan contains a number of policies to evaluate a rezoning proposal, along with its ability to enhance and complement the desirable characteristics of the existing community and ensure its long-term vitality.
The City's Official Plan indicates that when evaluating applications for residential intensification through infill and redevelopment, one must recognize the existing community character so that new buildings enhance and build upon desirable established patterns of built form. The Department notes that the surrounding community consists of predominantly singe-detached and semi-detached dwellings. The proposed rezoning will allow these types of uses on similar sized lots, resulting in a development pattern that is expected to be consistent with the surrounding neighbourhood.
The City's Official Plan also indicates that consideration should be given to the achievement of a balance of housing types and tenures to provide a full range of opportunities for a variety of demographic profiles. It is the Department's position that proposed housing types must be compatible with the community and that in this regard, the applicant's proposal is representative of the existing community. As well, the proposed rezoning will make use of an underutilized parcel of property to provide homes for wide demographic profiles.
In addition to the policies contained under the General Urban Area Designation, the City's Official Plan also refers to policies in Sections 2.5.1. and 4.11. Section 2.5.1. pertains to urban design considerations for development proposals to provide for a good fit with its urban context. The proposal for the site is consistent with and advances many of the relevant design considerations providing for street oriented development that reflects the development pattern of the community. Section 4.11 contains policies directed to more traditional planning considerations in assessing compatibility for new development proposals. These include considerations related to issues such as noise, shadowing and traffic.
The proposed rezoning will allow for 20 new units in a development form similar to the surrounding community. Given the proposed number of units, the traffic impact on the surrounding community is expected to be minimal. As well, given the size of the subject property and the density of development proposed, this will result in a level of traffic that would be occurring if the property had not been used for institutional purposes in the past but had been developed for residential purposes as part of the surrounding residential community. Further, as the proposed development will only be a maximum of 10.7 metres above grade, the proposal represents a low form of development comparable with the community and therefore, shadowing is not expected to be an issue.
As a low-density residential development, similar to that which is existing, there is not expected to be any noise issues or significant noise impact on the surrounding community.
Along with the proposed residential rezoning, the applicant is also requesting modifications to certain performance standards to facilitate the development. These exceptions are provided as follows:
1. A minimum corner side yard setback of 3.0 metres.
2 Minimum Front Yard of 4.5 metres
3. Maximum building height of 10.7 metres.
4. A maximum permitted projection for a canopy, open balcony or open stairway into the required front yard of 2.5 metres.
5. A minimum driveway aisle width of 3.6 metres.
6. Adding a driveway as a permitted use.
The proposed exceptions can be divided into two categories. One relates to the allowable building envelope for new development while the other relates to vehicular access. With respect to the first category, it is the Department's opinion that the proposed amendments are appropriate for the neighbourhood. The reduction in corner side yard setback is typical of the setback that is found in the majority of the city. The Department would also note that there is an additional 5.5 metres of City boulevard along Kenwood, Edison and Melbourne Avenues, before the travelled portion of the road, which provides adequate landscaping. The argument for increasing the permitted projection into the front yard is similar. Such an increase is small and not expected to dominate that yard, given the amount of landscape area. With respect to the building height, the change allows more flexibility in the design of buildings while maintaining a low-rise profile. The present height limit for the area is eight metres, which will allow two storey buildings. The proposed amendment provides the opportunity for varying roof treatments which may otherwise not be possible under the standard 8.0 m height limit associated with an R3 zone. It also limits the height of the proposed buildings to that which is found across the majority of the former City of Ottawa. It is the Department's position that the proposed height limit of 10.7 metres will allow single and semi-detached dwellings, which are compatible with the existing neighbourhood.
Regarding the second category, the Department is adding a driveway as a permitted use as the access to required parking spaces is proposed to be located between two residential uses which are not identical (i.e. a single detached and semi-detached dwelling). This will satisfy the driveway provisions of the Zoning By-law regarding access and remove any concern at the time building permits need to be issued. While a driveway width of 6.7 metres is required for access to the total 28 parking spaces provided, it is the Department's position that a driveway width of 3.6 metres is sufficient to accommodate the proposed low-density development and will not result in any traffic conflicts with vehicles entering and exiting the site.
A review of Document 1 shows that the subject property is located in an area that is predominately zoned residential (R3I). While the recommended R3J zoning is more appropriate for the size of the lots and development proposed, the Department notes that the R3I zoning does not permit certain uses generally permitted in an R3 zone. These are townhouses, linked townhouses and planned unit developments.
In keeping with the zoning and the development character of the neighbourhood, the Department is recommending that the R3J zone to be applied to the subject property also prohibit purpose built townhouses and linked townhouses. Also, given the size of the subject property and the applicant's proposal to construct 20 new units on this property, a planned unit development will be kept as a permitted use. This would provide an opportunity, should the applicant not wish to create individual development lots in advance of constructing the project, to obtain overall approval for the project through the site plan approval process. It would also provide for severing the property to allow for freehold ownership of the units after initiating construction and for addressing issues related to common elements, site servicing and landscaping, in a more comprehensive manner.
Proposed Heritage Designation and Adaptive Re-use
As noted in the background, LACAC is recommending to PEC and Council that the principle building located at 360 Kenwood Avenue be designated as a Heritage Building. The applicant, subsequent to LACAC's decision, has formally advised staff that their development plans will be modified to allow for retention and adaptive re-use of the existing building, to accommodate multiple residential dwelling units. Given the decision by the applicant to modify their plans to include retention of the existing building, there is a need, should Council approve the designation, to allow the building to accommodate multiple dwelling units.
In
this regard, the R3 exception zoning originally requested and recommended for
approval, would only accommodate one unit and two unit residential buildings in
the form of single family, duplex, semi-detached and linked detached homes,
consistent with the residential uses permitted in the surrounding community. The existing building does not lend itself
to adaptive re-use in the context of an R3J zoning. It is therefore recommended that a further exception be
established that would allow for multiple residential units within a building designated
under the Ontario Heritage Act.
Limiting multiple dwelling units in this manner will ensure that
multiple units only locate within the
existing building to be retained and not as a new purpose built multi-unit
building. Although a purpose built
multi-unit building may be smaller than the existing Maison Jeanne D'Arc, it is
considered inappropriate to the neighbourhood as it would have no historical
context and the surrounding neighbourhood is low density in character. Finally, it is further recommended that an
exception be established so performance standards related to yard setbacks and
building height limits do not apply to a building used for residential purposes
and designated under the Ontario Heritage Act.
The yard setbacks and height conditions of the existing building would therefore
be recognized and accommodated to ensure zoning compliance with performance
standards.
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 36 comments as a result of the notification process. Two respondents had concerns with the infill proposal while 19 wanted the existing building to be designated as a heritage building and remain as part of the development. A petition containing 164 names was also received, requesting the heritage designation of Maison Jeanne D'Arc. Fourteen respondents wanted more information on the proposal while one wanted all present buildings to be demolished, as they had no distinct architectural qualities. Other concerns expressed related to traffic and the location of a common driveway to the proposed development (refer to Document 3 for details).
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 due to a need to
address heritage issues.
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, 1202586
Limited (In trust) 63 Pamilla Street Ottawa,
K1S 3K7, applicant, Barry
Hobin and Associates 63 Pamilla Street Ottawa, K1S 3K7, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5,
Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail
Code: 26-76) of City Council’s
decision.
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
The lands known municipally as part of 360 Kenwood Avenue are zoned from Minor Institutional (I1) to Residential (R3J) with the following exceptions:
1. Minimum corner side yard setbacks 3.0 metres.
2. Minimum front yard of 4.5 metres
3. Maximum building height for a detached or semi-detached house shall be 10.7 metres.
4. The maximum permitted projection for a canopy, open balcony or open stairway into a required front yard shall be 2.5 metres.
5. The minimum driveway width is 3.6 metres.
6. A driveway is a permitted use.
7. Townhouses and linked townhouses are prohibited.
8. Despite anything to the contrary, any number of residential units are permitted in a building designated under the Heritage Act.
9. There are no yard or height provisions for a building designated under the Ontario Heritage Act.
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
Thirty-six comments were received as a result of public notification. Two respondents had concerns with the infill proposal while 19 wanted the existing building to be designated as a heritage building and remain as part of the development. A petition containing 164 names was also received, requesting the heritage designation of Maison Jeanne D'Arc. The preamble of the petition is included under the Summary of Public Input. Fourteen respondents wanted more information on the proposal while one respondent wanted all buildings on the property to be demolished, as they had no distinct architectural character. A summary of comments is provided below. No comments were received from the circulation to concerned community groups.
SUMMARY OF PUBLIC INPUT
1. I have a concern about the increase in traffic these extra 20 homes will have on the surrounding community.
Response
The surrounding neighbourhood consists of low-density housing. The proposal to add 20 units to the community is not expected to have a significant impact on the adjacent local streets. The City's Official Plan does not require a traffic impact study for a development of less than 150 units or a traffic overview for a development less than 75 units.
2. Any communal entrance to the buildings on the site should be from Kenwood Avenue as it is a busier street.
Response
While the vehicular impact on the surrounding streets is considered to be minimal, issues such as access must conform to the City's private approach by-law and are addressed through other application processes such as Site Plan or Part Lot Control.
3. I am concerned about the redevelopment of the site if it involves the destruction of the existing building. It's been in the community since the 1930's and forms part of its character.
Response
The possible Heritage Designation of La Maison Jeanne D'Arc will be addressed by City Council. Should it be designated, recommendations are contained in this report to allow the building to be reused for residential purposes.
4. La Maison Jeanne D'Arc is not a heritage building, it is a mix of older and newer additions which are rather ugly with no character.
Response
As mentioned, the possible designation of the building will be addressed by City Council.
Preamble
to Petition
"As residents of Westboro we are aware that the architect and developer Barry Hobin has submitted an application to the City of Ottawa to rezone the land where the Maison Jeanne D'Arc resides (the school and convent on Kenwood Avenue between Edison and Melbourne Avenues). We also know that it is his intention to demolish the existing 1930's structure and replace it with 20 new homes.
We, the undersigned, believe that the Maison Jeanne D'Arc building deserves special heritage designation. Mr. Hobin or any future developers should be required to preserve the existing structure. No compelling evidence has been provided which would show that the building cannot be refurbished and/or extensively renovated. We believe that any development on that site should preserve the original building".
Response
The possible Heritage Designation of La Maison Jeanne D'Arc will be addressed by Committee and Council in conjunction with Committee and Council consideration of the rezoning application.
COUNCILLOR’S COMMENTS
Councillor Christine Leadman is aware of this proposal.