9. ZONING - 538 ROCHESTER STREET ZONAGE - 538, RUE
ROCHESTER |
Committee recommendationS
That
Council approve:
1.
An amendment to the
former City of Ottawa Zoning By-law to change the zoning of 538 Rochester Street,
as shown on Document 1, to add an exception to the R5D Low Rise Apartment Zone,
as detailed in Document 2.
2.
An amendment to the new Comprehensive Zoning By-law to
change the zoning of 538 Rochester Street, as shown on Document 1, to add an
exception to the R4T Residential Fourth Density Zone, as detailed in Document
2.
RecommandationS du Comité
Que le Conseil approuve :
1. une modification au Règlement de zonage de l’ancienne Ville
d’Ottawa visant à faire passer la désignation de zonage de la propriété située
au 538, rue Rochester, et illustrée au document 1, de façon à ajouter une
exception à la désignation R5D (zone d’immeubles d’habitation de faible
hauteur), comme le précise le document 2.
2. une modification au nouveau Règlement de zonage général
visant à modifier la désignation de zonage de la propriété située au 538, rue
Rochester, et illustrée au document 1, de façon à ajouter une exception à la
désignation R4T (zone résidentielle de densité 4), comme le précise le document
2.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 29 April 2008 (ACS2008-PTE-PLA-0094).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
29 April 2008 / le 29 avril 2008
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
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the Planning and
Environment Committee recommend Council
approve:
1.
An amendment to the
former City of Ottawa Zoning By-law to change the zoning of 538 Rochester
Street, as shown on Document 1, to add an exception to the R5D Low Rise
Apartment Zone, as detailed in Document 2.
2.
An amendment to the new Comprehensive Zoning By-law to
change the zoning of 538 Rochester Street, as shown on Document 1, to add an
exception to the R4T Residential Fourth Density Zone, as detailed in Document
2.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de recommande au Conseil d’approuver :
1. une
modification au Règlement de zonage de l’ancienne Ville d’Ottawa visant à faire
passer la désignation de zonage de la propriété située au 538, rue Rochester,
et illustrée au document 1, de façon à ajouter une exception à la désignation
R5D (zone d’immeubles d’habitation de faible hauteur), comme le précise le
document 2.
2. une
modification au nouveau Règlement de zonage général visant à modifier la
désignation de zonage de la propriété située au 538, rue Rochester, et
illustrée au document 1, de façon à ajouter une exception à la désignation R4T
(zone résidentielle de densité 4), comme le précise le document 2.
BACKGROUND
The subject property is located at 538 Rochester Street, on the west side of Rochester Street, between Pamilla Street and Adeline Street. The subject property is approximately 250 square metres with a frontage of 8.23 metres. The property has a two-storey frame house with a Building Floor Area of 110 square metres, which is currently vacant. The property is situated in a Low-Rise Apartment Zone (R5) zone, as are the properties to the west, north and south. The property to the west has an exception to permit a full service restaurant with an outdoor patio subject to certain performance standards. The property to the east is zoned Employment Centre (CE5) and has a 22-storey Federal Government Office Building with a restaurant on the ground floor.
The land to which the proposed Zoning By-law amendment applies is also the subject of an application for Site Plan Control (D07-12-08-0030), which has been filed concurrently with this application. The purpose of Site Plan Control is to permit a change in use on the ground floor from residential to fast food restaurant.
Purpose of Zoning Amendment
A Zoning By-law amendment has been submitted to add a permitted use of "Fast Food Restaurant" to the existing zoning for this property to allow the property owner to establish a main floor sandwich/coffee shop with a residential unit on the second storey. The property, as a residential use, has legal non-conforming rights that will be required to be added as provisions so that the new use is in conformity with the Zoning By-law.
Existing and Proposed Zoning
The existing zoning of the property is R5D, which is a Low Rise Apartment Zone. The proposed zoning would add “Fast Food Restaurant” as a permitted use. Provisions would also be added to reflect existing conditions and to bring the property into conformity with the Zoning By-law.
DISCUSSION
Official Plan Considerations
Strategic Directions
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.
An assessment of the
compatibility of new development involves consideration of built form and of
operational characteristics such as traffic, access, parking, loading and
servicing (Section 4.11).
Mixed Use Centre
The subject property
is designated “Mixed-Use Centre which are areas that have been identified as
strategic locations on the rapid-transit network and lie adjacent to major
roads. Mixed-Use Centres constitute a
critical element in the City’s growth management strategy, being areas with high
potential to achieve compact and mixed-use development. Mixed-Use Centres should contain development
that is both locally and regionally oriented.
Where a concentration of single use activity occurs, the interface with
the surrounding community should be improved through such means as the addition
of community-serving uses and improved physical linkages.
Assessment of Proposed Development
The subject property is
located in a residential area in transition.
Directly east, across from the subject property is an Employment Centre
Zone (CE 5), which would permit a fast food restaurant in an employment
building. Currently there is a 22-storey
Federal Government Office Building with a restaurant on the ground floor,
directly across from the site. In
addition the property adjacent to the south, also in the R5D zone, has received
a more intense zoning amendment for a full service restaurant with a
patio. A full service restaurant zoning
amendment exception was also created for a property two blocks to the north in
the same R5D zone.
The proposed development
would consist of a lunch time fast food restaurant serving mainly sandwiches,
with a small patio seating area. It is
expected that the majority of customers would be pedestrians from the office
building across the street. Given that
customers are expected not to drive, a provision for a reduction in parking
from five spaces to three, is proposed and considered appropriate. It should also be noted that if the Draft
Comprehensive Zoning By-law were in force, three parking spaces would be the requirements. In addition, the subject property is within
walking distance to a major transit stop (Carling O-train Stop). The existing dwelling is currently vacant. The proposed development would create a
renovated dwelling unit above the business.
The proposed dwelling unit will reintroduce a residential component back
to the property.
The
Department is satisfied that the objectives set out in the Official Plan,
related to commercial uses in the Mixed-Use Centre Area, have been met.
The
site is across from a major employment centre, adjacent to a restaurant, within
walking distance of a major transit stop and will reintroduce a dwelling unit
to the area. The Department is
satisfied that by limiting the scale of the restaurant, 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.
A summary of the Consultation Details appears in Document 3.
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/applicant, Jordon O’Leary, 422½ Preston Street, Ottawa, ON, K1S 4N2, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7, 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
DOCUMENT 2
DETAILS OF RECOMMENDED ZONING
By-law
93-98 be amended by adding the following to Table XV, Exceptions:
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- Fast Food Restaurant |
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- minimum required front yard setback of 2.54 - minimum required south side yard setback 0.23 metres - minimum driveway width of 2.7 metres - outdoor patio permitted in a yard abutting a R5 Zone - no minimum distance from front of property to patio - no more than 2 parking spaces required for restaurant use - restaurant use limited to the ground floor and basement of residential use building - maximum of 67 square metres of gross floor area permitted for restaurant - minimum of one dwelling unit required - outdoor patio must be located a minimum of 3 metres from abutting residential properties |
Draft Comprehensive Zoning By-law be amended
by adding the following to Table 239, Exceptions:
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xxx |
- Fast Food Restaurant |
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- minimum required front yard setback of 2.54 - minimum required south side yard setback 0.23 metres - minimum driveway width of 2.7 metres - outdoor patio permitted in a yard abutting a Residential Zone - screening, separating an outdoor commercial patio from a residential zone, is permitted to be 1.4 metres - no minimum distance from front of property to patio - restaurant use limited to the ground floor and basement of residential use building - maximum of 67 square metres of gross floor area permitted for restaurant - minimum of one dwelling unit required - outdoor patio must be located a minimum of 3 metres from abutting residential properties |
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 people from the community contacted the Planning Branch to offer support of the application.
- One person from the community had concerns with commercial businesses moving into and adjacent to residential properties.
COUNCILLOR’S COMMENTS
Councillor Diane Holmes is aware of the application.
RESPONSE FROM DEPARTMENT TO PUBLIC INPUT
The subject property is in an area of transition and the feasibility of the building being used as a single detached dwelling unit is diminishing. The proposed development would re-introduce a residential unit, in addition to providing a service that is compatible with the adjacent residential community.