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3. ZONING
– 348 WOODROFFE AVENUE ZONAGE – 348, AVENUE WOODROFFE |
Committee recommendationS AS
AMENDED
(This matter is
Subject to Bill 51)
1.
That
Council approve an amendment to the Zoning By-law 2008-250 to change the zoning
of 348 Woodroffe Avenue from R4D to R4D[984], as shown
in Document 1 and as detailed in Document
2, as amended by the following:
That
Document 2, Details of Recommended Zoning be amended by replacing all of the
text under proposed change number 2 with the following:
“2. Amend exception 984 of Section 239 Urban
Exceptions as follows:
a. The
following uses are added to column III “Additional Land Uses permitted”:
“dwelling
unit” and “medical facility”,
b. delete
all of the wording from column V, “Provisions”, and replace it with the following:
-
a medical facility is permitted only until such time as the existing medical
facility use has been abandoned for at least 120 days
-
maximum gross floor area of a medical facility: 65 square metres
-
a medical facility is only permitted on the ground floor
-
the lot width and lot area requirements, yard setbacks, and maximum building
height for a semi-detached house in an R4D zone apply”
2.
That the
implementing by-law not proceed to Council until such time as a Property
Development and Landscape Plan prepared to the satisfaction of the General
Manager, Planning and Growth Management, in consultation with the Ward
Councillor, has been submitted and financial securities provided for all
proposed landscape elements.
And that there be no further
notice pursuant to Section 34 (17) of the Planning
Act.
RecommandationS MODIFIÉES DU Comité
(Cette question est assujettie au Règlement
51)
1.
Que le Conseil approuve une
modification au Règlement de zonage 2008-250 afin de changer le zonage du 348,
avenue Woodroffe de R4D à R4D[984], comme le montre le document 1
et l’explique en détails le document 2, modifié comme
suit :
Que dans
le document 2 intitulé « Détails du zonage recommandé », la deuxième modification proposée soit
remplacée par le texte suivant :
« 2.
Modifier l’exception 984 de l’article 239, qui porte sur les exceptions
urbaines, comme suit :
a. Les utilisations suivantes sont ajoutées dans
la colonne III intitulée « Utilisations du sol additionnelles
permises » :
« logement » et « clinique »,
b. Supprimer tous les mots de la colonne V,
intitulée « Dispositions », et les remplacer par ce qui suit :
– une
clinique n’est permise que jusqu’à ce que la clinique existante ne soit plus
utilisée depuis au moins 120 jours
– superficie
brute maximale d’une clinique : 65 mètres carrés
– une
clinique n’est permise qu’au rez-de-chaussée
– les
exigences relatives à la largeur et à la superficie du lot, aux marges de
reculement et à la hauteur maximale de l’immeuble pour une habitation jumelée
dans la zone R4D s’appliquent ».
2. Que
le règlement de mise en œuvre ne soit pas présenté au Conseil municipal avant
que les plans d’aménagement de l’immeuble et d’aménagement paysager aient été
préparés à la satisfaction du directeur général, Urbanisme et Gestion de la croissance,
qui aura consulté le conseiller de quartier, et qu’ils aient été soumis, et que
toutes les garanties financières aient été fournies pour tous les éléments
paysagers proposés.
Et
qu’aucun autre avis ne soit donné conformément au paragraphe 34(17) de la Loi sur l’aménagement du territoire.
Documentation
1.
Deputy
City Manager's report, Infrastructure
Services and Community Sustainability, dated 4 February 2011 (ACS2011-ICS-PGM-0059)
2.
Extract
of Draft Planning Committee Minutes of 22 February 2011.
Report to/Rapport au :
Comité
de l'urbanisme
and Council / et au Conseil
04 February 2011 / le 04 février
2011
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 : Derrick Moodie,
Acting Manager/Gestionnaire intérimaire, Development Review-Urban Services, Outer
Core/Examen des projets d'aménagement-Services urbains, Unité du Centre
extérieur
Planning and Growth Management/Urbanisme et Gestion de
la croissance
(613) 580-2424,
15134 Derrick.Moodie@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the Planning Committee
recommend Council approve an amendment to the Zoning By-law 2008-250 to change
the zoning of 348 Woodroffe Avenue from R4D to R4D[984], as shown in Document 1 and as detailed in Document 2.
RECOMMANDATIONS
DU RAPPORT
Que le Comité de l’urbanisme recommande
au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de
changer le zonage du 348, avenue Woodroffe de R4D à R4D[984], comme le montre le document 1
et l’explique en détails le document 2.
BACKGROUND
The subject property, 348 Woodroffe Avenue, is located on the west side of Woodroffe Avenue just north of Carling Avenue and directly across from Carlingwood Shopping Centre. The existing building on the property constitutes the south half of a two-storey, semi-detached dwelling, and contains a doctor’s office on the main floor and one dwelling unit on the second floor. The north side of the semi-detached building is a dwelling on the abutting property. The subject property has direct access to Woodroofe Avenue and parking to the rear of the building. Adjacent to the south is the parking lot for a commercial development facing Carling Avenue. To the north along the west side of Woodroffe Avenue is a one-storey single dwelling followed by a two-storey building containing a denture clinic and then a low profile residential project (under construction) and other low-profile residential development further north. Carlingwood Shopping Centre occupies the entire adjacent east side of Woodroffe Avenue north to Saville Row. To the west is a low profile residential neighbourhood.
Existing Zoning
The existing zoning on the
property is R4D, Residential Forth Density Sub-Zone. The intent of the parent R4 zone is to allow
a mix of residential building forms ranging from detached dwellings to low-rise
apartment dwellings of up to four storeys. The intent is also to allow a number of other
residential uses to provide additional housing choices, to permit ancillary
uses to the principal residential use in order to allow residents to work at
home, and to regulate development in a manner that is compatible with existing
land use patterns so that the mixed building form, and residential character of
a neighbourhood is maintained or enhanced in areas designated as General Urban Area in the Official
Plan (OP). The “D” subzone establishes
specific performance standards for residential uses.
The current R4D, Residential Fourth Density zone had an exception clause, [984], until it expired in July of 2010, to allow a medical facility to occupy the ground floor and limiting the upper floor to a dwelling unit use. An application to permit the medical office, existing at the time, was originally submitted in 2001, but was refused in 2002. An Ontario Municipal Board decision related to the 2002 decision, upheld the refusal, but allowed the existing medical use to remain until 2004. Later in 2004 a new rezoning application was approved with the temporary exception clause allowing the medical office. The temporary rezoning was renewed pursuant to a further application approved in 2007; and thus, until the 2010 expiry, the exception had been in place on a temporary basis since 2004.
Proposed Zoning
The 2007 approval of the R4D[984] zoning expired in 2010 and the applicant now seeks to have the R4D zone amended in order to permit the existing medical facility to continue on a permanent basis. No changes to the site or building are proposed. The staff recommended rezoning includes medical facility and the addition of other commercial uses such as office, retail store, and personal service business to be permitted as part of the exception.
DISCUSSION
Official Plan
Strategic Directions
The Strategic Directions of the Official Plan cite areas
to meet the challenges of growth. The
key areas include Managing Growth “by
directing it to the urban area where services already exist”..... and in the
urban area, “directing growth to areas where it can be accommodated in compact
and mixed-use development, and served with quality transit, walking and cycling
facilities.” The key area of Creating Liveable Communities calls for creating “complete
communities with a good balance of facilities and services to meet people’s
everyday needs, including schools, community facilities, parks, a variety of
housing, and places to work and shop”. The
City is also to “provide for a wide range of rural and urban economic
activities in suitable locations” and recognizes that “attention to design will
help create attractive communities where buildings, open space and transportation
work well together” to create liveable communities. The recommended rezoning will facilitate
continued provision of medical services and potentially other limited
commercial and personal service uses along an arterial roadway directly across
from Carlingwood Mall, at a location with adequate existing services, sidewalks
and good transit access, while having minimal impact on the built form of the
area.
General Urban Area
The subject property is designated General Urban Area in the Official
Plan, while the adjacent lands to the south and immediately across Woodroffe
Avenue to the east (Carlingwood Mall) are within an Arterial Mainstreet
designation. Carlingwood Mall is
also a Major Urban Facility, and is one of the dominant influences on the
character of this portion of Woodroffe Avenue.
The Official Plan
indicates that within the General Urban Area a broad range of uses is
anticipated, “from ground-oriented single-purpose to multi-storey mixed-use;” and “from
corner store to shopping centre.” The Official
Plan goes on to state that with some exceptions, “the City is supportive of the
establishment of a broad mix of uses in Ottawa's neighbourhoods”, and will
allow “those uses that provide for the local, everyday needs of the residents,
including shopping, schools, recreation and services. Uses that also serve
wider parts of the city will be located at the edges of neighbourhoods on roads
where the needs of these land uses (such as transit, car and truck access, and
parking) can be more easily met and impacts controlled.”
The Official Plan policies for the General Urban Area indicate
that the “designation permits all types and densities of housing, as well as
employment, retail uses, service, industrial, cultural, leisure, greenspace,
entertainment and institutional uses.” Within
the General Urban Area uses will be permitted “that may generate traffic, noise
or other impacts that have the potential to create conflicts with the
surrounding residential community,” and the City will “ensure that anticipated
impacts can be adequately mitigated or otherwise addressed.” The policies go on to say that such uses will be directed to “locations along
the rapid-transit system, or an arterial or major collector road with
sufficient capacity to accommodate the anticipated traffic generated and where
frequent, all-day transit service can be provided”, and to “suitable locations
on the perimeter of, or isolated from, established residential neighbourhoods.”
The recommended rezoning allows for a medical use and other commercial and personal service uses, within easy walking distance of existing transit and a high priority transit corridor, Carling Avenue, at the edge of the community. The development anticipated in response to the rezoning is the continuation of the small medical office and one dwelling unit, which will have very minor anticipated impact on the nearby community. The limited list of other commercial and service uses permitted in the recommended rezoning has been selected based on: the suitability of the uses given the limited size placed on the floor space available, assumptions about the functional characteristics suggesting compatibility, and lower parking requirements associated with the added uses. The proposed rezoning is considered in keeping with the intent of the Official Plan policies for the General Urban Area.
As referenced in the General Urban Area policy, the proposed rezoning is also considered in keeping with Sections 2.5.1 and 4.11 dealing with design and compatibility, as there are no physical changes to the built form or site development related to the proposed rezoning, and no proposed changes to the existing performance standards.
Infrastructure
The Official Plan policies of Subsection 4.4 Water and Wastewater Servicing require adequate services for new development. The property is adequately served by water, and storm and sanitary sewer lines to facilitate the potential development afforded by the recommended rezoning.
Summary
The recommended rezoning fosters continuation of a residential and medical use, and the potential for a limited range of other commercial and service uses along an arterial roadway at the edge of a community in keeping with the intent of the Official Plan Strategic Directions and the policies for the General Urban Area and for Infrastructure, while retaining the provisions of base R4D residential zone.
RURAL IMPLICATIONS
N/A
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The City did receive a comment in opposition to this application pertaining to the potential impact on the adjacent residential area, which is discussed in more detail in Document 3.
COMMENTS BY THE WARD COUNCILLOR(S)
Councillor Mark Taylor indicated that “he is aware of the application and after meeting with representatives of the Doctor and City staff,” suggested “that any continued use of the property by the doctor be limited to its current intensity. Aware of the fact that this was an illegal use which would be made legal in this zoning – in an area not originally accepted for as such by neighbours, the Councillor requests that restrictions be placed on the current and any future owner that they would not expand or intensify the activity in the building, seek to expand the building as a business, and that as a business they pay all required commercial taxes (i.e. property as well as standard business licensing etc).”
LEGAL/RISK MANAGEMENT IMPLICATIONS
Should this matter be appealed to the Ontario Municipal Board, it is anticipated that a two day hearing would be required. If the application is refused, reasons must be provided. In the event of an appeal of a refusal, it would be necessary to retain an outside planner at an estimated cost of $15,000 to $20,000.
CITY STRATEGIC PLAN
The recommended rezoning is in keeping with the City Strategic Plan, Service Priorities. The proposed added development potential and zoning provision revisions support Service Priorities for Transportation, Transit, for Infrastructure Renewal, and for Planning and Growth Management.
TECHNICAL IMPLICATIONS
FINANCIAL IMPLICATIONS
There are no direct financial implications associated with this report.
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 protocols related to the recent municipal election and the decision to consider additional zoning options.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
DISPOSITION
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 2008-250
348 Woodroffe Avenue
1. Rezone the subject land from R4D to R4D[984].
2. Amend exception 984 of Section 239 Urban Exceptions as follows:
a. delete the wording in column III, “Additional Land Uses Permitted”, and replace it with the following: artist studio, dwelling unit, instructional facility, library, medical facility, personal service business, office, post office, retail store, and service and repair shop,
b. delete the wording in column V, “Provisions”, and replace it with the following:
- artist studio, instructional facility, library, medical facility, personal service business, office, post office, retail store, and service and repair shop, are only permitted on the ground floor, and must not exceed a maximum gross floor area of 65.0 square metres,
- the lot width and lot area requirements, yard setbacks, and maximum building height for a semi-detached house in an R4D zone apply.
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
There were no responses from the general public to the application notification.
COMMUNITY ORGANIZATION COMMENTS
Woodpark Community Association Inc. Comments
“The Woodpark
Community Association Inc. has reviewed the application for a zoning by-law
amendment for 348 Woodroffe Avenue (File: D02-02-10-0054).
Our Association
does not support this application as it will create a dangerous precedent,
specifically allowing the encroachment of a commercial use into a residentially
zoned area where the particular use is not presently permitted. To permit the use would extend the boundary
of the linear commercial uses along Carling Avenue into an established
residential area, frustrate the R4B zoning and the expectation, wishes and
hopes of those residents who reside within what they expect and see is a
residential neighbourhood. The intrusion of the proposed use into our community
represents bad land use planning.”
Response to Comments
The proposed rezoning to allow a limited range and scale of non-residential uses is considered to be in keeping with the Official Plan policies allowing for a range of retail and service uses in the General Urban Area, particularly at the edge of a community, while retaining the residential zoning.