|
9.
ZONING - 580
SOMERSET STREET WEST ZONAGE
- 580, RUE SOMERSET OUEST |
Committee recommendation
(This application is subject
to Bill 51)
That Council
approve an amendment to the former City of Ottawa Zoning By-law to change the
zoning of 580 Somerset Street West from R5D[166] H(10.7) to R5D[***] H(10.7) as
detailed in Document 2.
Recommandation
du ComitÉ
(Cette demande est
assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de
zonage de l’ancienne Ville d’Ottawa afin de changer la désignation de zonage du
580, rue Somerset Ouest de R5D[166] H(10.7) à R5D[***] H(10.7), tel qu’il est
expliqué en détail dans le document 2.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 17 October 2007 (ACS2007-PTE-APR-0182).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
17 October 2007 / le 17 octobre 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 change the zoning of 580 Somerset Street West from
R5D[166] H(10.7) to R5D[***] H(10.7) 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 afin de changer la désignation de zonage du 580, rue
Somerset Ouest de R5D[166] H(10.7) à R5D[***] H(10.7), tel qu’il est expliqué
en détail dans le document 2.
BACKGROUND
The subject property is located at 580 Somerset Street
West. The property is located mid-block
on the South side of Somerset Street West between Percy Street and Bay Street
North as shown on Document 1.
The property is designated as a General
Urban Area - Traditional Mainstreet in the Official Plan and Residential -
Heritage within the Centretown Secondary Plan Area. The property is not designated under the Ontario Heritage Act,
however it is classified as a Category 2 building on the Ottawa Heritage
Reference List and subject to a Heritage Overlay.
The subject property contains a two and a half storey single detached dwelling and detached garage. The property has a frontage of 12.89 metres and an area of 432 square metres.
Somerset Street West is a
four-lane arterial road, with on-street metered parking and sidewalks on both
sides of the street. The south side of
Somerset Street West between Percy Street and Bay Street falls entirely within
the Heritage Overlay and is zoned Low-Rise Residential. The south side of Somerset
Street West contains a variety of multi-unit residential dwellings and
professional offices converted from the one time single detached
dwellings. The north side of Somerset
Street West from Percy Street to Bay Street is partially within the Heritage
Overlay and zoned General Commercial.
The north side contains both stand-alone and mixed-use commercial and
residential uses within newer buildings and converted single detached
dwellings.
Purpose of
Zoning Amendment
The Zoning By-law amendment is required to
allow for a medical facility to be permitted as an additional site-specific use
within the “Low-Rise Apartment” RD5 Zone, to be
limited to the ground floor of the building.
As well, the application would recognize the existing conditions of the
dwelling with respect to interior yards and eave-trough projections. The original application and circulation
requested an amendment to a “General Commercial” CG Special Exception Zone,
which was formally revised in a letter dated September 17, 2007 based on
discussions with staff and the applicant.
The property is currently zoned “Low-Rise Apartment” R5D[166] H(10.7) which allows for a variety of residential uses and allows for a maximum height of 10.7 metres. Special Exception – 166 permits a dwelling unit as an additional permitted use, and prohibits a rooming house. The provisions state that a converted rooming house shall be limited to 25 per cent of the gross floor area of the building, and a bed and breakfast is limited to a maximum of three guest bedrooms.
The application proposes a change in zoning to
a “Low-Rise Apartment” RD5[Special Exception
- ***] H(10.7) Zone. The uses
and provisions of Special Exception - 166 would continue to carry forward in
the new Special Exception Zone. In
addition to the range of uses permitted in the “Low-Rise Apartment” RD5 Zone,
the new Special Exception would permit a medical facility. The provisions would limit the medical
facility to the ground floor of the building, recognize the existing westerly
interior side yard setback and the existing westerly eave-trough
projections.
DISCUSSION
The subject property is designated as General
Urban Area – Traditional Mainstreet in the Official Plan. As well, Annex 4 –
Heritage Conservation Districts of the Official Plan includes the subject
property in a Heritage Overlay designation.
The proposed Zoning By-law Amendment is
consistent with the policies of the Official Plan. The proposed land use implements the policies of the Official
Plan as per Section 2.5.5 – Cultural Heritage Resources, Section 3.6.1 –
Mainstreets, and Section 4.11 – Compatibility.
Section 4.6.1 –Heritage Buildings and Areas
Policy 2.5.5 states that the
Official Plan will provide for the conservation of cultural heritage resources
by applying specific requirements when reviewing development applications
impacting on cultural heritage resources, described in Section 4.6.
As noted above, the subject property is
not designated under the Ontario Heritage Act, however it is classified as a
Category 2 building on the Ottawa Heritage Reference List. Policy 8 of Section 4.6.1 outlines that where development is proposed
adjacent to a building on the Heritage Reference List (but not designated under
the Heritage Act) the applicant shall demonstrate the proposal’s compatibility
with the heritage resource and its streetscape.
Section 3.6.1 – Mainstreets
Policy 3.6.3 recognizes that Mainstreets are at
different stages of development. Each
of these streets displays its own distinctive character depending largely upon
the period during which it was developed.
Over time, it is the City’s intent that Mainstreets will achieve more
compact, mixed-use, pedestrian orientated development patterns. As well, this Policy encourages
intensification along Mainstreets through the redevelopment of existing sites
and additions to existing buildings.
Policy 3.6.3.3 states that a broad range of
uses is permitted on Traditional Mainstreets, including retail and service
commercial uses, offices, residential and institutional uses. Uses may be mixed in individual buildings or
occur side by side in separate buildings.
The application proposes to convert an existing
single detached dwelling into a mixed-use office and residential building while
maintaining the development pattern and style of Somerset Street West. As a
result, the application is consistent with the Mainstreets policies of the
Plan.
Section 4.11 – Compatibility
Policy 4.11.1 states that when
evaluating compatibility of a development application, the City will have
regard for the policies of the site’s land use designation and all applicable
Community Design Plans, Secondary Plans, or site specific policies, as well as
the Design Objectives and Principles in Section 2.5.1.
Further to Policy 4.11.1, when evaluating the
compatibility of development, which will vary depending on the use proposed and
the planning context, the criteria outlined in Policies 4.11.2(a) to (l) may
not apply and/or may be evaluated and weighted on the basis of site
circumstances.
As the application does not propose any
physical changes to the exterior of the building and access to the site, and a
medical facility is considered a compatible use, there are no concerns at this
time with respect to building height and mass, pattern of the surrounding
community, outdoor amenity areas, loading areas, lighting, noise and air
quality, sunlight, microclimate and supporting neighbourhood services.
With respect to traffic generated from the
building, the staff will be relatively small with three medical practitioners
and one administrative staff person.
The medical facility proposes to operate on an appointment only system
throughout the normal business day with limited weekend and evening
appointments. Therefore, it is
reasonable to expect that there will be no significant impacts on traffic in
the area during peak times.
With respect to parking, Category 2 Buildings
on the City of Ottawa Heritage Reference List are exempt from providing
parking. On-street parking is available on both sides of Somerset Street West
and limited parking is available on-site.
As well, public transit routes travel directly along Somerset Street. Therefore, the application is consistent
with the development criteria and policies of the Official Plan.
Centretown Secondary Plan
The subject property is designated as
Residential Area - Heritage in the Centretown Secondary Plan. The proposed Zoning By-law amendment is
consistent with the policies of the Centretown Secondary Plan. Specifically, the policies and criteria of
the Secondary Plan outlined in Section 3.4.2(e) – Heritage Residential Areas
and Section 3.4.5 – Heritage Policies.
Section 3.4.2(e) – Heritage Residential Areas
Policy 3.4.2(e) outlines that these areas shall
contain a variety of residential buildings which are considered to be of
heritage value and shall provide accommodation for family and non-family
households. Theses areas may include
buildings or uses accessory to or compatible with these residential types. Development and redevelopment of properties
within these areas will be permitted.
New development will be considered in terms of its form, scale and
design to ensure that it compliments and contributes to the heritage character
of the area.
The proposed use of a medical facility is
considered as an appropriate and compatible use to the surrounding commercial
and residential area. A variety of
mixed use buildings, single and multi-unit residences, professional offices and
personal service businesses currently exist in the area. It is the intention of the applicant to
operate the medical facility under normal business hours with limited evening
and weekend appointments at the discretion of the practitioners. Staff will be limited to one administrative
and three medical professionals. Due to
the scale and nature of the operation there are no expected impacts to the
existing neighbourhood form.
As well, as no construction or renovations are
planned to the exterior of the dwelling the aesthetic values and heritage
character of the building shall be preserved, which is consistent with the
Secondary Plan policies.
Section 3.4.5 – Heritage Policies
Policy 3.4.5(a) outline that the City shall
identify and designate buildings of architectural, historical or cultural
significance as Heritage Buildings. As
well, it states that existing buildings of heritage value should be retained
and, wherever possible, rehabilitated to more closely reflect their exterior
heritage character.
As the subject property is an existing building
of heritage value as per the Ottawa Heritage Reference List, potential
impacts or opportunities for rehabilitation should be considered and identified
where possible. However, as there is no planned construction
or renovations to the exterior of the dwelling, the heritage value of the
building shall not be negatively impacted through the proposal.
The proposed Zoning By-law Amendment would rezone the property from “Low-Rise Apartment” R5D[166] H(10.7) Zone to “Low-Rise Apartment” R5D[Special Exception - ***] H(10.7) Zone. The provisions of Special Exception – 166 would be carried forward into the new Special Exception Zone. The new Special Exception would allow for a medical facility as a permitted use in addition to the “Low-Rise Apartment” R5D Zone permitted uses. The new provisions of the new Special Exception would limit the medical facility to the ground floor of the building, recognize the existing westerly interior side yard of 0.0 metres whereas the By-law requires 1.2 metres and recognize the existing eave-trough projection into the westerly side yard which the Heritage Overlay provisions do not allow. The rationale for the additional use and provisions is discussed below.
Site-specific Use of a Medical
Facility and Limitations
The “Low-Rise Apartment” R5D Zone does not allow for a medical facility as a permitted use. The application proposes to add a medical facility as a new site-specific permitted use in addition to the “Low-Rise Apartment” R5D Zone permitted uses. The provisions of the amendment would limit a medical facility to the ground floor of the building. Staff supports the amendment, as the proposed use is considered compatible with the area and building as per the policies of the Official Plan and Centretown Secondary Plan.
Westerly Interior Side Yard
Section 158(b)(ii) of By-law 93-98 requires a minimum 1.2 metre interior side yard within the “Low-Rise Apartment” R5D Zone. The existing dwelling contains an addition that was constructed 0.05 metres from the westerly interior side yard with a further eave projection. Staff supports the site-specific modification as the addition is located at the rear of the building and does not negatively impact the heritage value or streetscape of Somerset Street.
Projection into a Front or Side Yard
(Heritage Overlay)
Section 17(1) of By-law 93-98 states that
projections are not permitted into the front or side yard to which a Heritage
Overlay applies. As the subject
property is within a Heritage Overlay, the application proposes to recognize
the existing addition and eave.
Staff supports the provision as the addition is
on the rear of the home and does not impact the streetscape or heritage value
of Somerset Street.
Conclusion
The Department is satisfied that the policies of the Official Plan and Centretown Secondary Plan. Relating to Traditional Mainstreets and Heritage have been met.
The proposed Zoning By-law amendment will establish a compatible modified residential zone that respects the heritage value of the surrounding area and the built context and character of Somerset Street West. The proposed conversion/development of the existing building is a positive evolution of Traditional Mainstreets, as envision in the Official Plan.
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. Two comments were received by the City in opposition to this application. The concerns raised are discussed in Document 3 of the report.
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
City Clerk’s Branch, Council and Committee
Services to notify the owner, Pina Vito, 580 Somerset Street West, Ottawa
ON, K1R 5K2, applicant, Novatech Engineering Consultants Ltd., 240 Michael
Cowpland Drive, Suite 200, Ottawa ON, 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.
Legal Services Branch to forward the
implementing By-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
The following change in zoning will be made to all of 580 Somerset Street West as shown on Document 1:
1. Change in Zoning from R5D[166] H(10.7) to R5D[***] H(10.7).
Column II - Additional Permitted Uses
Column III -
Uses Prohibited
·
Rooming House
Column IV - Provisions
·
A
Medical Facility shall be limited to the ground floor of the building.
·
Rooming
House, Converted limited to 25 per cent of Gross Floor Area of Building.
·
Bed
and Breakfast limited to a maximum of three guest bedrooms [By-law 185-2000].
·
Despite subsection 17(1) an eave-trough may project
to reduce the width of the westerly interior yard to 0.0 metres
·
A westerly interior side yard of 0.0 metres is permitted.
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
Two letters were received from the circulation
of the application. Letters from the
Canadian Association of Chiefs of Police and the Centretown Citizens Community
Association (CCCA) were both in opposition to the application as originally
circulated.
The Canadian Association of Chiefs of Police
are opposed to a change in zoning from “Low-Rise Apartment” R5D[166] H(10.7) to
“General Commercial” CG Zone. No
specific land use planning or policy concerns were quoted in the letter. As noted above, the application has been
amended to create a new “Low-Rise Apartment” R5D[Special Exception] Zone that
will continue to recognize and respect the underlying residential zoning.
The CCCA states that:
”It is essential that
residential blocks such as 580 Somerset be protected from commercial
conversions. The residential zoning has encouraged residential rehabilitation
and new residential infill. Allowing new commercial users will destabilize this
successful trend. The CCCA does not want to see the return of the wide-scale
office and commercial conversions that will lead to the deterioration of this
community.
Maintaining a healthy residential neighbourhood adjacent to the central area is essential for the entire city of Ottawa. Allowing more office space conversions in the midst of our community is contrary to the goals of encouraging more people to live downtown, and if approved we will see many more such requests for office conversions.”
As mentioned previously, to protect the underlying
residential zoning, the application has been amended to introduce a new
site-specific residential zone, rather that a new site-specific general
commercial zone. The new site-specific
zone which will permit the full range of R5D residential uses, and a medical
facility which will be restricted to the ground floor of the building. There will be no impact on the stability of
the neighbourhood as there will be no reduction in the amount of housing and
residential uses will continue to be permitted and encouraged. The proposal is consistent in implementing
the Traditional Mainstreets policies of the Official Plan and the Heritage
policies of the Centretown Secondary Plan that allow for the introduction of
compatible uses that respect the heritage character and value of the area.
COUNCILLOR’S COMMENTS
The Ward Councillor raised concerns with
respect to introducing a “General Commercial” CG Zone on the subject property
that is abutted by residentially zoned properties. As noted above, the application has been amended to propose a new
“Low-Rise Apartment” R5D[Special Exception] Zone. The amended application is more consistent with the zoning on the
south side of Somerset Street West, and is supported by the Councillor.