|
9. ZONING - 1200 WALKLEY ROAD ZONAGE - 1200, CHEMIN WALKLEY
|
Committee recommendations AS AMENDED
That Council approve:
1.
An amendment to the former City of Ottawa Zoning By-Law
to modify the R1J [17], detached house exception zone, applying to 1200 Walkley
Road, to permit a 'personal service business' and a dwelling unit, as shown on
Document 1 and detailed in Document 2.
2.
The
replacement of Detail 1 of Recommended Zoning with the following:
“An office, personal service business limited
to a beauty salon/spa providing manicuring, pedicuring and accredited massage
therapy services and a dwelling unit are added as permitted uses, providing
they are located within the building existing on March 27, 2007”.
RecommandationS modifiÉes du Comité
Que le Conseil approuve:
1. Une modification au Règlement de zonage
de la Ville d’Ottawa afin de modifier la désignation de zonage R1J [17] (zone
de maisons individuelles – exception) s’appliquant au 1200, chemin Walkley,
comme l’illustre le document 1 et le précise le document 2.
2.
Le remplacement du détail 1 du zonage recommandé par ce qui suit :
« Qu’un bureau, une entreprise de services personnels limités à un
salon de coiffure/spa offrant des services de manucure, de pédicure et de
massothérapie agréée, et une unité d’habitation soient ajoutés aux utilisations
permises, à condition qu’ils soient situés à l’intérieur de l’immeuble existant
en date du 27 mars 2007 ».
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated
15 March 2007 (ACS2007-PTE-APR-0099).
2. Extract of Draft Minutes, 27
March 2007.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
15 March 2007 / le 15 mars 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager /
Directrice municipale adjointe,
Planning, Transit and the Environment / Urbanisme,
Transport en commun et Environnement
Contact
Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
|
SUBJECT: |
|
|
|
|
|
OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to the former City of Ottawa Zoning By-Law to
modify the R1J [17], detached house exception zone, applying to 1200 Walkley
Road, as shown on 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 la
Ville d’Ottawa afin de modifier la désignation de zonage R1J [17] (zone de
maisons individuelles – exception) s’appliquant au 1200, chemin Walkley, comme
l’illustre le document 1 et le précise le document 2.
BACKGROUND
The subject property, 1200 Walkley Road, is on the south side of Walkley Road, east of Bank Street. Walkley Road and Bank Street are both arterial roads. The property is adjacent to a Petro Canada Service station to the west and detached residential properties to the east and south. Office uses exist on the north side of Walkley Road, across from the subject property, including a real estate office, a mortgage company, a construction consultant office and an insurance broker office. A vacant garage occupies the northeast corner of Bank and Walkley.
The subject property is at the edge of an existing neighbourhood and contains a single detached house, most recently used as office space. The lot is approximately 15 metres wide and 40 metres deep. The site currently has five parking spaces in the front yard with an adjacent transit stop along Walkley Road.
The building is currently vacant and the applicant is representing clients that are considering purchasing the property for use as a spa (a personal service business) and dwelling unit. The proposed use would consist of manicure, pedicure and massage therapy services. There would be no exterior changes to the building and only minimal renovations made to the interior, to allow for placement of appropriate equipment.
The property is zoned R1J [17], a detached house zone with a site specific exception that allows an office use and establishes performance standards for this use. These include limiting site access to Walkley Road and requiring parking to be located in the front yard. To allow the ‘Personal Service Business’ and dwelling unit proposed, the applicant is requesting that the current exception be modified to add those uses as permitted uses.
DISCUSSION
Official Plan
Considerations
The subject property is
designated ‘General Urban Area’ in the Official Plan, which in addition to
permitting a variety of residential uses, encourages the provision of a variety of small,
locally-oriented convenience and service uses that complement adjacent
residential land uses, and are of a size and scale consistent with the needs of
nearby residential areas (Section 3.6.1).
The intent of the policies is to
protect the character of the residential neighbourhood and to mitigate any
possible impacts which non-residential uses may have on the residential areas.
The
strategic directions of the Official Plan recognizes that the zoning in many areas of the city, particularly
areas adjacent to major roads, at the periphery of neighbourhoods and proximate
to transit stations may require an amendment to change the permitted use of the
land. In these circumstances, the
compatibility of the proposed development must be considered (Section
4.11).
The subject property is
located on the edge of the residential community, close to the intersection of
two major arterial roads; Bank Street and Walkley Road and has a transit stop
adjacent to it. The proposed spa will
provide a service use to the adjacent residential community and the proposed
dwelling unit will reintroduce a residential component to the property. The previous use for the building was an
office, and only interior renovations are proposed, thus, the building will
remain a size
and scale consistent with the neighbourhood. The parking area will remain as previously
and is consistent with the Zoning By-law requirement for a personal service
business. No negative impact pertaining
to traffic or on-street parking is anticipated on the residential
neighbourhood. It is proposed that
access continue to only be from Walkley Road, therefore mitigating the impact of noise, headlight
glare and loss of privacy on adjacent or immediately opposite residential
lots.
In this context, a Zoning
By-law amendment is appropriate to achieve the policies of the Official
Plan.
Zoning Considerations
The site is the first property east of Bank Street zoned R1J (a detached house zone) and the first two properties are zoned District Linear Commercial, as are the seven properties on the other side of Walkley Road.
The site currently allows offices, by exception, as a permitted use (with no ability to expand). Other exceptions include minimum rear and side yard requirements, as well as a requirement that all parking be in the front yard and access restricted to Walkley Road.
The proposed amendment will allow a 'personal service business', limited to a spa providing manicuring, pedicuring and massage therapy services. In addition, a dwelling unit will be permitted to allow for some residential presence to be established for the property. The recommended zoning will set out restrictions on the expansion of the building and will set out provisions that access be only from Walkley Road and that a minimum of 3.758 metres of landscaping abutting Brookline Road be provided (see Document 2). An office use will continue to be permitted but only one non-residential use can exist at a time to limit the range of potential activities on the site.
Conclusion
The Department is satisfied that the objectives
set out in the Official Plan, related to commercial uses in the General Urban
Area, have been met. The site is at the
edge of an existing neighbourhood, is on an arterial road, abuts an arterial
mainstreet, is surrounded by commercial uses, and will not adversely impact the
adjacent residential area. The
Department is satisfied that by limiting the range of personal service business
uses, that the proposal will be compatible with the adjacent residential community.
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.
FINANCIAL IMPLICATIONS
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
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, Thuy Vo, 5715 Belmeade Road,
Osgoode, Ontario, K0A 2W0, applicant, Monica Di Iorio, Novatech Engineering
Consultants Ltd., 200-240 Michael Cowpland Drive, Ottawa, Ontario, K2M 1P6, 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 following zoning change will be made to the property shown on Document 1:
Table 15, Exception 17 is amended by replacing the existing exception provisions with the following:
- An office, personal service business limited to a spa providing manicuring, pedicuring and massage therapy services and a dwelling unit are added as permitted uses, provided they are located within the building existing on March 27, 2007.
- A personal service business, as described in 1 above, may only occupy the first and second floor.
- Only one office use or one personal service business may occupy all or part of the area permitted to be occupied by these uses at any one time.
- A minimum of 3.758 metres of the yard abutting Brookline Avenue shall be landscaped, which landscaping may include a fence.
- A minimum rear yard abutting Brookline Avenue setback of 3.758
- No minimum westerly side yard setback
- All parking is to be located in the yard between the building and Walkley Road.
8. Vehicular access from Brookline Avenue is prohibited.
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. One public meeting was also held in the
community.
SUMMARY OF PUBLIC INPUT
Comments were received from the public regarding this application as well as comments from the Ridgemont Community Association following their meeting on January 31, 2007 of which the Ward Councillor attended. The following contains a summary of concerns and questions raised by the community followed by a response from the Department.
PUBLIC COMMENTS
1)
Concern that the massage therapy could be a front for
an illicit business.
2)
It was
noted that the existing exception for an office was achieved as a local
compromise and that there has been pressure to convert residential properties
for commercial use for approximately 50 years, especially properties facing
Walkley and those one lot back from Bank Street.
3)
It was
noted that the building is debilitated (gap between foundation wall and
brickwork under the rear entrance).
4)
It was
noted that the building was not wheelchair accessible.
5)
Concern
that there is insufficient parking for the proposed business.
6)
Want assurances that the parking area will not be
expanded
7)
Concern
that there will be problems with noise from the proposed business
8) Want signage to be restricted to parts of the building facing Walkley and flanking Bank Street. No signage on east side nor on or along fence of 1220 Walkley.
9) Want assurances that there will be no entry or egress from existing parking area via Brookline
10) Concern that a safety issue may exist from garbage pickup and the adjacent transit stop.
COMMUNITY ORGANIZATION COMMENTS
Ridgemont Community Association
The Ridgemont Community Association stated that if the following conditions were met, that they would have no objections to the proposed zoning amendment.
1)
The
term personal care must be more specific in it’s description of services.
2)
No
vehicular access or egress from Brookline Avenue to 1200 Walkley.
3)
Immovable
bollards, to be placed permanently, to allow pedestrian passage only.
4)
All
deliveries/garbage pickup to be facilitated only from Walkley Road.
5)
No
enlargement of paved area.
6)
No
signage of any kind facing private or residential properties, either directly
or obliquely.
7)
No
glare from bright lights or neon signs to shine on/into residences.
8)
No
noises, smells, exhaust, liquid sludge, odours to emanate from the spa.
9)
No
garbage to be deposited on surrounding residences.
10)
Signage to be of a tasteful nature and
preserving decorum.
11)
Any construction
damage will be fixed to original condition within 30 days.
12)
Explicitly
no kind of activity or business of a sexual nature conducted on premises.
13)
If the
new owner subsequently rents out the basement, part of or the whole building,
they will ensure the new tenants do not conduct any kind of Marijuana grow
operation or illegal activity.
14)
The
councilor and the city shall immediately crackdown on any infringements.
15)
Should
the new owner cease business, sell or rent the property, the rezoning will
revert back to the original classification.
COUNCILLOR’S COMMENTS
Councillor McRae brought forward a concern in regard to
the parking spaces that will be provided.
The concern is that
parking will not be adequate to meet the requirements of staff and clients. There is no parking on Walkley Road and
there is concern that there will be spill over onto neighbourhood streets such
as Brookline and Banff Streets.
STAFF RESPONSE TO COMMENTS
1)
Permitted Uses
The Ridgemont Community Association requested that a condition exist that would limit the type of personal service business to be permitted. The recommended exception does this.
In addition, the Ridgemont Community Association requested that the rezoning revert back to the original classification should the new owner sell or rent the property. It is the opinion of staff that if the tenure of ownership were to change, the appropriateness of the use would not. In addition, there is no evidence that an office would no longer be appropriate so it is recommended that it stay as a permitted use. However, staff has determined that only one of these uses existing in the building at any one time is appropriate, and this is reflected in the recommended exception.
2) Parking
Of the 284.6 square metres of Gross Floor Area (GFA) in the building, 89.9 square metres, located on the third floor, will be used for a rental dwelling unit, requiring one parking space as per the Zoning By-law. The remaining GFA of 194.7 is proposed to be dedicated to the spa, requiring 5 parking spaces, as per the Zoning By-law for a personal service business ([194.7-28.5]/100 * 3). There will be six parking spaces provided in the front yard of the site, meeting the Zoning By-law parking requirements for the proposed uses. In addition, there will be no expansion of the parking area required to accommodate the six parking spaces.
3) Access and Egress from Walkley Road
The recommended exception reflects that vehicular
access from Brookline Avenue will be prohibited.
It is a function of Site Plan Control and not
the function of the Zoning By-law to impose the placing of immovable bollards
to allow pedestrian passage only.
However, it is noted that there is only landscaping, including trees,
between the parking area in the front of the property and Brookline Road. The recommended exception requires
landscaping in the rear yard abutting Brookline Road, further preventing the
ability of vehicles to access the property from Brookline.
4) Garbage Collection
The Public Works and Services Department determines the appropriateness of garbage collection for the residential unit that is proposed. For the commercial component, either the Solid Waste Services determines the appropriateness of garbage collection (if the “Yellow Bag” service is requested) or a hired contractor would determine the most appropriate place for a rented container, which could only be placed and emptied from Walkley Road.
5) Signage
Signage requirements for the City are not
established via the Zoning By-law, but by By-law No. 2003-520 of the City to regulate
signs and advertising devices on city roads.
6) Illegal Activity
It is not the function of the Zoning By-law to ensure compliance to various laws and by-laws such as noise, smells, construction clean up, littering, elicit business activities or illegal drug practises. Rather these are civil matters to be dealt with by the police or by-law officers.
7) Accessibility
Wheelchair accessibility is not a requirement for a business of this size.