6.            ZONING - 73 ABERDEEN STREET


                  ZONAGE - 73, RUE ABERDEEN





That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 73 Aberdeen Street from Residential R4S to a Residential R4S exception zone, to permit a Dwelling Unit, an Artist Studio and an Instructional Facility, as shown in Document 1 and as detailed in Document 2.





Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer le zonage du 73, rue Aberdeen de Zone résidentielle R4S à Zone résidentielle R4S dotée d’une exception, et ce, afin de permettre une unité d’habitation, un studio d’artiste et un établissement d’instruction, comme le montre le document 1 et l’explique en détail le document 2.





1.                  Deputy City Manager’s report, Infrastructure Services and Community Sustainability, dated 11 June 2010 (ACS2010-ICS-PGM-0125).


2.                  Extract of Draft Minutes dated 5 July 2010.

Report to/Rapport au :


Planning and Environment Committee

Comité de l'urbanisme et de l'environnement


and Council / et au Conseil


11 June 2010 / le 11 juin 2010


Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d’infrastructure et Viabilité des collectivités


Contact Person/Personne-ressource : Richard Kilstrom, Acting Manager/Gestionnaire intérimaire, Development Review-Urban Services, Inner Core/Examen des projets d'aménagement-Services urbains, Unité du Centre intérieur

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 22379 Richard.Kilstrom@ottawa.ca


Somerset (14)

Ref N°: ACS2010-ICS-PGM-0125




ZONING - 73 Aberdeen street (FILE NO. D02-02-10-0018)




ZONAGE - 73, rue aberdeen





That the  recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 73 Aberdeen Street from Residential R4S to a Residential R4S exception zone, to permit a Dwelling Unit, an Artist Studio and an Instructional Facility, as shown in Document 1 and as detailed in Document 2.




Que le Comité de  recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer le zonage du 73, rue Aberdeen de Zone résidentielle R4S à Zone résidentielle R4S dotée d’une exception, et ce, afin de permettre une unité d’habitation, un studio d’artiste et un établissement d’instruction, comme le montre le document 1 et l’explique en détail le document 2.





The subject property is located on the north side of Aberdeen Street, west of Preston Street.  To the west of the subject property is an automotive body shop and the train tracks used by the O‑Train.  To the south is a new four-storey commercial office building.  To the east and north are existing low-density residential dwellings.  The subject property is currently occupied by a three-storey single detached dwelling and is zoned as Residential (R4S).  The applicant is proposing to rezone the subject property to allow part of the building (approximately 65 square metres) to be used as an artist studio with an instructional facility.  The remainder of the building (approximately 137 square metres) would continue to be used for residential purposes. 




Official Plan 


The subject property is designated as “Mixed-Use Centre” in the Official Plan.  The Official Plan identifies Mixed-Use Centres as having a high potential to achieve compact and mixed-use development, at higher densities.  They are focal points of activity that take advantage of public transit, and offer ease of access by foot and bicycle.  Development within Mixed-Use Centres should foster the creation of vibrant centres of interest that contain uses which are both locally and regionally oriented.  Policies have been established in the “Mixed-Use Centre” designation to achieve a wide variety of uses, including retail, entertainment and service uses.  Residential uses are to be a component of Mixed-Use Centres and should contribute to the range of housing options in the area.   The zoning within a Mixed-Use Centre is to allow for the mix of uses within a building or adjacent buildings.


The proposal to add an artist studio with an instructional facility as permitted uses is the type of development anticipated for a Mixed-Use Centre and satisfies the policies in the Official Plan.  Not only does it allow for a mix of uses within a building but it will contribute to the positive character of the area and enhance the vibrancy of uses.  The uses will also serve both local and regional clientele, which will aid in making the Mixed-Use Centre a focal point of activity.  As well, with its proximity to transit along Preston Street, as well as the O‑Train, people have the opportunity to travel to the area and visit the proposed use, without the need for a private vehicle. As part of the rezoning proposal, the applicant will be keeping the residential character of the existing building, with a residential dwelling unit at the rear of the building on the ground and second floors and occupying approximately 68 percent of the total gross floor area.  This satisfies the Official Plan policy of ensuring the residential character of buildings, as well as requiring residential uses in the form of dwelling units. 


In addition to the policies in Section 3.6.2. of the Official Plan identified above, proposed uses must also satisfy policies related to compatibility, found in sections 2.5.1. and 4.11. Section 2.5.1. relates specifically to the design of buildings and indicates that new development should respect the character of existing areas.  While the subject application is for a rezoning to add development potential, it is recognized that the proposed use will be located within the existing building and from a streetscape perspective, will not significantly alter the physical condition and character of the street.


Section 4.11 contains policies related to the appropriate designation of land, and directs where and how certain categories of land use should be permitted to develop.  Policies in this section of the Official Plan state that a development proposal will be evaluated in relation to a number of key tests.   Many of these are specific to the site plan control process, however, others relate to rezoning. These include traffic and parking. 


Traffic and Parking


As stated in Section 4.11 of the Official Plan, roads should adequately serve the development with sufficient capacity to accommodate the anticipated traffic generated.  Uses that have the potential to generate significant amounts of traffic should be located on arterial or major collector roadways to minimize the traffic infiltration.  While some concern has been expressed about the amount of traffic this proposal would bring to this portion of Aberdeen Street, it is the Department’s position that the development will not cause an adverse traffic impact on the surrounding street.  The total parking requirement for the Artist Studio and associated Instructional Facility is 1.6 parking spaces, which rounds up to two.  The parking requirement for the residential unit is 0.5, which rounds up to one, for a total of three required parking spaces.  The Department does not believe that a commercial use, which generates a need for two parking spaces, will cause significant traffic and parking problems in the area.


Despite the need for a total of three parking spaces, the Department does recognize that at the most, only two parking spaces can be provided in the rear yard of the property, which will comply with the parking performance standards in the Zoning By-law.  In this regard, the City’s Official Plan provides opportunities to reduce parking requirements to promote increased usage of walking, cycling and transit, particularly in the vicinity of transit stations and major transit stops.  It is anticipated that the proposed use will be frequented by people who live in the area, who may walk or ride a bike to the site, as well as people who work in the Mixed-Use Centre or Traditional Mainstreet along Preston Street and will have parked their car at another location and then walked to the site.  The site is also located within approximately 300 metres of the closest transit stop on Preston Street, which provides the opportunity for people to travel to the area by means other than a private automobile.  With peak times different from restaurants in the area, there is the opportunity to share on-street parking, which is available on the north side of Aberdeen Street, along Preston Street and in the City-owned parking lot approximately three blocks to the north.  It is also noted that while it is privately owned and could be redeveloped in the future, there is a large parking lot on Aberdeen Street on the east side of Preston Street, which can accommodate hundreds of vehicles.  Given the foregoing, the Department does not see that a reduction in the amount of required parking by one space will be detrimental to the surrounding on-street parking situation and recommends that the total parking requirement for the commercial use be lowered from two to one.


In addition to parking considerations, it is noted that the reduction of the required on-site parking will also provide extra space in the rear yard, which can be used as at-grade amenity area for the residential unit on the property.



Preston – Champagne Secondary Plan


In addition to the policies in the Primary Plan, there is a Secondary Plan (Preston-Champagne) which also pertains to the property.  The Secondary Plan identifies this area as a diverse inner-city neighbourhood containing a mix of residential, office, retail and light industrial uses and divides the neighbourhood into four separate quadrants.  The subject property is located in the “Southeast Quadrant”.  The northern section of this quadrant is to be occupied by medium and high profile employment uses, giving way to low- and medium-profile residential uses and commercial uses along Preston Street.  In the existing residential areas, new incompatible non-residential uses will be prohibited, to encourage protection of the existing housing stock.  The lands are also designated as Residential Low Profile, which permits predominantly residential uses in low-profile buildings. 


It is important to note, that while encouraging protection of the existing housing stock, appropriate non-residential uses are permitted.  As indicated in this submission, the proposed development will add to the vitality of the surrounding area and is not anticipated to result in a significant increase in traffic or an excessive burden on the parking provided in the area.  The proposal represents a low impact form of development as it uses the existing building, while maintaining the residential character of the site and adding to the “mixed-use” nature anticipated by the Official Plan.  


Carling – Bayview Community Design Plan


The City is currently undertaking a Community Design Plan (CDP) for the Carling – Bayview Area.  While the subject site is located within the overall study area, the CDP is currently focused on lands identified as being under-utilized and that for the most part, are zoned industrial.  This Community Design Plan is anticipated to be completed in early 2012.


Surrounding Uses


In addition to the policies in the Official Plan and Secondary Plan, consideration should be made to the existing character of this portion of Aberdeen Street.  It is noted that this section of the street is characterized by commercial and mixed-use buildings.  Immediately opposite the property is a four-storey mixed-use building containing office and residential uses.  To the east of this building is the associated parking lot, which in turn is adjacent to an automotive repair garage.  To the west of the subject property is another automotive repair garage, which is legal non-conforming.  While this repair garage is legal non-conforming, given the existing Official Plan policies, it is anticipated that if it should cease to exist, it would be replaced by a mixed-use development.  To the east of the subject property are two single detached dwellings and a restaurant facing Preston Street.  Given the characteristics of the street, which in itself contains a mix of uses, it is the Department’s position that the proposed use is appropriate.  As well, in consideration of the other types of commercial uses on this portion of the street, the proposed studio and instruction facility will have a minimum amount of impact, both from an aesthetic, traffic, and parking point of view.



Limits to Proposed Uses


To ensure the mixed-use nature of the property and in order to have an artist studio and instructional facility, there must be a minimum of one dwelling unit on the property having a minimum gross floor area of 125 square metres.  While the Department does not believe that the proposed development will result in significant impact to the parking and traffic situation in the area, concerns have been expressed to the contrary.  In order to address these concerns, the Department is recommending that the size of the studio and associated instructional facility be limited to a maximum of 65 square metres.  The Department is also recommending that the number of students that may receive instruction at any given time be limited to four and that the only instructional facility permitted, must be associated with an artist studio.




Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.  The City received two comments from the public regarding the proposed development and one comment from a local Community Association.  Details of the consultation can be seen in Document 3.




Councillor Holmes is aware of the application and the staff recommendation.




If this application were refused, Committee or Council would have to provide reasons.  If the refusal were appealed to the Ontario Municipal Board, an outside planner would have to be retained at an approximate cost of $20,000 to $25,000.  It is estimated that a two-day hearing would be required.




Objective 1, Manage growth and create sustainable communities by:

·         Becoming leading edge in community and urban design

·         Ensuring that new growth is integrated seamlessly with established communities

·         Ensuring that community facilities are built in tandem with new development

·         Evaluating the impact of policy and development decisions on communities








There are no direct financial implications associated with this report.




This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.




Document 1    Location Map

Document 2    Details of Recommended Zoning

Document 3    Consultation Details




City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, 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 and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.


Legal Services to forward the implementing by-law to City Council.

LOCATION MAP                                                                                                DOCUMENT 1


DETAILS OF RECOMMENDED ZONING                                                    DOCUMENT 2



Proposed Changes to the Comprehensive Zoning By-law


The lands shown on Document 1 are rezoned from R4S to R4S[xxxx] exception and are subject to the following provisions


Column III – Additional Land Uses Permitted:


-    Artist Studio.

-    Instructional Facility ancillary to an Artist Studio.

-    A dwelling unit.


Column IV Provisions


-       An Artist Studio and ancillary Instructional Facility are only permitted when one dwelling unit with a minimum gross floor area of 125 square metres exists in the building.


-       The combined total maximum gross floor area of an Artist Studio and ancillary Instructional Facility is 65 square metres.


-       Maximum permitted number of students attending the instructional facility at any given

time: 4.  


-       Minimum number of parking spaces for an artist studio and ancillary Instruction Facility: 1.

CONSULTATION DETAILS                                                                              DOCUMENT 3




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.  Two comments were received from the public, one expressing concerns and the other in support of the approval.  One comment was received from a local community association expressing concerns.




Rezoning Concerns


1.         I would prefer if there was no parking in the rear yard, to protect the amenity space of      adjacent properties.




The Department is recommending that the total required parking be reduced by one parking space, from three to two.  This will allow a greater amount of the rear yard to be used for amenity area and mitigate the impact on the adjacent properties.


2.         I am worried that if this commercial use leaves, a more onerous commercial use will take   its place, which will be detrimental to the neighbourhood.




The zoning that is recommended only allows an artist studio and associated Instructional facility.  Other retail uses are not permitted.


3.         This proposal will be a primarily commercial use, with ancillary residential.




The proposal is for a mixed-use development in a “Mixed-Use Centre.  The residential component will be approximately 125 square metres, while the commercial component will be approximately 65 square metres, which makes the residential portion the predominant component with respect to area.


4.         If art students are instructed on the property there will be a steady stream of vehicles to    the area causing traffic congestion and parking problems.




Without the recommended reduction, the total parking requirement for the commercial component is only two parking spaces, which is not anticipated to cause traffic concerns.  As well, it is likely that art students coming to the site will be predominantly from the area and will have the opportunity to be either dropped off or to take alternative forms of transportation to reach the site.  As well, to help alleviate parking concerns raised as part of this proposal, the Department is recommending that the number of students who could be taught at any given time be limited to four.


Comments in Support


I can support the proposal as long as there is a mix of commercial and residential on the property.  The neighbourhood is currently a wonderful mix of residential and commercial uses and it is generally accepted in Urban Planning that the most successful neighbourhoods are a mix of uses.  This has been proven time after time.




The Dalhousie Community Association provided the following comment.


The Dalhousie Community Association opposes the application for rezoning 73 Aberdeen Street.

The property is currently residential zoned. Like on all the short dead-end streets running west off Preston, there are the occasional non-conforming uses adjacent to houses. It is good planning to reinforce the residential fabric of the neighbourhod and not facilitate its erosion by primarily non-residential uses.


All the prior neighbourhood plans and the currently underway CDP call for continued residential uses on these streets, and for reinforcing the residential nature of the side streets and focusing the commercial uses on the Traditional Mainstreet, Preston. There are residential infill and intensification projects planned and underway in the immediate vicinity so residential use is an economically viable prospect.


Current zoning permits the owner to conduct a home business, with one or two students/clients at a time. Our association accepts this home occupation use as compatible with the residential use. What is now proposed needs different zoning, but the plan does not tell us how many students/clients the applicant intends to serve.


If the proponent’s art classes consist of, for example, nine students, there would be nine vehicles arriving to pick up students and nine vehicles arriving to deposit the next class load. The entire street surface of Aberdeen cannot support that many vehicles at once, let alone any parking. The short 7 lot street already serves as on-street parking for a popular Preston restaurant (at the corner), for a historic-renovated office building with 130 employees and their parking lot garage, for a non-conforming use auto-body shop, and for the entrance ramp to a 32 unit condo facing Beech Street. This Association has seen no evidence that the street can handle the vehicular traffic that might well be generated by this art school.


We are also concerned by the overwhelming commercial nature of the rezoning. We estimate that the original house has about 1200 sq ft of space, the addition appears to have about 800 more (spread over three floors), yet the residential component when finished is only 570 sq ft, or 28%. If approved, this will be a commercial building with a small residential component. It is far from being a residence with ancillary art studio. (see photos attached).


We also note with concern that Aberdeen Street is a dead end with no turning circle or 3 point turn area, that the north sidewalk is discontinuous and only 20” wide and frequently over-run with vehicles, and suffers considerable congestion (especially in winter as there are no snow windrows possible).


The Dalhousie Community Association opposes the rezoning application as it

·         converts the existing residence into a primarily commercial structure,

·         is contrary to good planning practice and to existing and in-progress neighborhood plans

·         will produce unacceptable traffic congestion that will be a hazard to others


Response to Concerns from the Dalhousie Community Association

The subject property is located in a Mixed-Use Centre, which supports a mix of uses in buildings.  The proposed residential dwelling unit is larger in size than the commercial component, will be an integral component of the overall development and correspondingly, the residential character of the site will be reinforced. 


The Preston - Champlain Secondary Plan allows for compatible non-residential uses and must be read in conjunction with the Primary Plan, which supports a mix of uses in buildings. As the proposed commercial uses are expected to help create vitality to the Mixed-Use Centre and is not anticipated to be detrimental to the surrounding use, the proposed use is considered compatible and in compliance with the policies of the Secondary Plan.  To help ensure compatibility and address resident’s concerns, the number of students who may take art classes at any given time is recommended to be limited to four.  Neither the proposed art studio nor the instruction of students is expected to result in traffic and parking problems in the area. 

             ZONING - 73 ABERDEEN STREET

             ZONAGE - 73, RUE ABERDEEN

ACS2010-ICS-PGM-0125                                                                              somerset (14)               


(This matter is Subject to Bill 51)


Councillor Holmes noted that there had been concerns expressed by some residents and the Dalhousie Community Association with respect to parking.  In response to the Councillor’s questions, Steve Belan, Planner, provided the following information:  

·         The parking requirement for the proposed use – an art studio with instructional facility limited to four students - is 1.6 spaces, with an additional space required for the residential unit, for a total of three spaces.  There would also be the opportunity for people to park on the street.

·         The property is located within a mixed-use centre, where the there is the opportunity for people travel by means other than private vehicle.

·         Staff feels there will not be any resulting traffic situations in the area.

·         Residential use will remain the main component of the building, with the zoning stipulating a minimum of 125 square meters of residential and limiting the commercial to 65 square meters. 

·         The City would not issue the building permit for commercial use unless it complied with zoning.  The City could also ensure through the regular complaint process and through zoning enforcement that there would be residential on the site.

·         The zoning will remain residential, with an exception to allow the art studio and instructional facility.

·         The instructional facility is a defined use tied specifically to the studio, so it cannot be changed to another form of another kind of commercial studio space or commercial instructional space.


Committee then approved the report recommendations, as presented:


That the  recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 73 Aberdeen Street from Residential R4S to a Residential R4S exception zone, to permit a Dwelling Unit, an Artist Studio and an Instructional Facility, as shown in Document 1 and as detailed in Document 2.