11. ZONING - 231 LISGAR STREET
ZONAGE – 231, RUE LISGAR
(This matter is Subject to Bill 51)
That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 231 Lisgar Street from R5B F(3.0) to R5B[XXXX]F(3.0) as shown in Document 1 and as detailed in Document 3.
Recommandation DU Comité
(Cette question est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 231, rue Lisgar de R5B F(3.0) à R5B[XXXX]F(3.0), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 3.
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 16 November 2011 (ACS2011-ICS-PGM-0232).
That the Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 231 Lisgar Street from R5B F(3.0) to R5B[XXXX]F(3.0) as shown in Document 1 and as detailed in Document 3.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 231, rue Lisgar de R5B F(3.0) à R5B[XXXX]F(3.0), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 3.
The subject property is located on the north side of Lisgar Street between O’Connor Street and Metcalfe Street, as shown in Document 1. Lisgar Street is one way in the westbound direction with on-street parking on the north side of the street. This block of Lisgar Street is primarily residential but also contains retail and commercial uses.
In addition to the subject building, there are five high-rise residential buildings and five 2½-storey single family residences, some of which have been converted to other uses.
Immediately to the east of the subject property is a 12-storey apartment building; to the west, is a parking lot for the building to the east. Immediately across the street on the south side of Lisgar Street are the 2½–storey residential buildings, containing residences, a podiatrist and massage therapist. The site is located within 600 meters of Metcalfe Station (transitway) and it also benefits from local bus service along Elgin Street.
Currently on the site is a 2½-storey house, approximately 265 square meters in size. The property is a rectangular interior lot having an area of 304 square metres, with frontage on Lisgar Street of 10.08 metres and an average depth of 30 metres. The gross floor area of the previous retail use, a beauty parlour, is approximately 111.5 square meters.
Until recently, the building functioned as a beauty parlour on the main floor with an apartment on the second and top floor. It has a paved driveway on west side of the building with a garage at the rear. The front yard is paved and has illegally been used for parking, resulting in effective “loss” of one curbside parking spot. It has the benefit of full municipal water, sanitary sewer and storm sewer services.
A recent as-built survey plan of the property is shown in Document 2.
Purpose of Zoning Amendment
The applicants recently purchased the building located at 231 Lisgar Street, have moved into the apartment in the building and plan to operate a Chiropractic, Acupuncture and Chinese Medicine Clinic in the space previously occupied by the beauty parlour. A rezoning is required because the clinic, a medical facility is currently not a permitted use, and because the current Zoning By-law parking requirements cannot be fully met. There are no exterior changes proposed to the existing building.
The subject property is located within the R5BF(3.0) – Residential Fifth Density Subzone B, Special Exception 482, Floor Space Index of 3.0. This zone is prevalent throughout the surrounding neighbourhood. A wide range of residential uses are permitted within the R5 zone, as well as a limited number of non-residential uses, including home-based business, home-based daycare, and community health and resource centres. The 482 exception specifically permits the beauty parlour that operated on the main floor. Medical facilities are not currently permitted within the existing zone.
The total number of parking spaces required for this site is six: one space for the residential unit and five spaces for the 111.5 square metre medical facility located on the main floor.
It is proposed that the property be zoned R5B[XXXX], which will retain all the existing permitted uses and will add medical facility as a permitted use.
In addition, the parking requirement for the medical facility use is to be amended to reduce the number of required spaces from five to zero. Further provisions will require the owner to landscape the front yard, thereby eliminating the front yard parking that has been occurring on the property.
Provincial Policy Statement
The Provincial Policy Statement (PPS) broadly outlines the provincial government’s vision and policies for land use planning and development in Ontario. The Planning Act, 1990, s. 3(a) requires that municipal land use and urban/rural planning decisions be “consistent with” the policy statement as issued under the Act.
Part V, Section 1.0, Building Strong Communities, encourages healthy and sustainable communities by promoting an appropriate range of employment and residential uses (Policy 1.1.1 (b)). The PPS also states that Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated, taking into account existing building stock or areas, including Brownfield sites, and the availability of stable existing or planned infrastructure and public service facilities required to accommodated projected needs (22.214.171.124).
The proposed use change will allow the owners to live and work in the same building, thereby promoting a mix of housing and employment and reducing their reliance on the automobile. The building’s location within 600 metres of the rapid transit corridor, and with regular local bus service on Elgin Street, the clinic’s clients will be able to make full use of existing transit facilities. Further, located within three blocks of the dedicated bicycle lanes on Laurier Avenue, and with an all-season sidewalk across the front of the lot, cycling and pedestrian traffic is also encouraged. Full municipal sewer and water services are currently available for this conversion.
The introduction of the medical facility within an existing established building will add to the mixed use character of the street and surrounding neighbourhood.
Strategic Direction (Section 2)
Section 2 of the Official Plan sets broad strategic directions to meet the challenge of managing growth, providing infrastructure, maintaining environmental integrity and creating liveable communities within Ottawa. To meet these challenges, polices are set out to pursue a mix of land uses, housing types and compact forms of development which in turn will enable the City to support a high-quality transit system and make better use of existing infrastructure and roads.
Land Use Designation (Section 3.6.1)
The subject property is designated “General Urban Area” on Schedule B of the Official Plan. The proposed use complies fully with the General Urban area guidelines and requirements.
It adds another use to a street of mixed uses, while maintaining the exterior of the building in its current state.
Compatibility (Section 4.11)
At the city-wide scale, issues of compatibility are addressed in the Official Plan through the appropriate designation of land and associated policies that direct where and how certain categories of land use should be permitted to develop. At the scale of neighbourhoods or individual properties, issues such as noise, spillover of light, accommodation of parking and access, shadowing, and micro-climatic conditions are prominent considerations when assessing the relationships between new and existing development.
When considering applications for a Zoning By-law amendment to permit non-residential uses, other than land extensive uses, City Council will require that potential conflicts with adjacent residential development are minimized through the application of the Official Plan policies relating to Compatibility of Development. Such uses will be directed to locations where anticipated impacts can be adequately mitigated or otherwise addressed.
The proposal is within the high-density residential area within the downtown core, adjacent to the major downtown employment area. It is expected that a large proportion of the clientele will arrive by transit, on foot, or by bicycle. This location is therefore appropriate for a reduction in the number of required on-site parking spaces, which will further encourage alternate forms of transportation.
The proposed landscaping provisions will contribute to the improvement of the public realm, providing new green cover, eliminating a front yard parking condition and restoring an on-street parking spot. Therefore, although the building will not change, the site will be improved.
The proposal contributes new medical services in a high density residential area, adjacent to the major employment area of Ottawa’s downtown. It is therefore able to conveniently serve residents as well as downtown workers.
Centretown Secondary Plan
This plan encourages uses that are compatible with residences. The proposal will retain the residential component, with the apartment on the upper two floors, while adding the medical facility to the ground floor. Without any proposed exterior revisions, the compatibility of this building, which faces five other buildings of similar size and scale on the south side of the street, will be retained. The building has been operating as an apartment and beauty parlour without any detrimental impact on the neighbourhood, and the conversion of the beauty parlour to a medical facility will have no negative effect on the neighbourhood.
One of the objectives of the Centretown Secondary Plan is to permit only uses which are compatible with the residential nature of the surrounding area. In this instance, this objective is enhanced through the Medical Clinic proposal – maintaining the residential use of the building, while adding a medical facility which will be convenient for the residents of the high-rise apartments on nearby streets and for employees of nearby businesses.
Immediately across the street are two other wellness-oriented businesses – a massage therapist and a podiatrist, all of which are compatible with each other.
The proposal to add the medical facility use to the existing R5 zone, rather than undergoing a designation change to a GM or other mixed-use zone, maintains a more restricted list of permitted non-residential uses, thereby maintaining the continuation of the residential use within the building.
The Department is satisfied that the objectives set out in Provincial Policy Statement, the Official Plan; the Centretown Secondary Plan; and Zoning Bylaw 2008-250, related to the strategic directions for employment uses and the provisions for the intensification of jobs within the Central Area, are being met. To summarize:
In light of the discussion above, the Department recommends approval of the Zoning By-law amendment application.
The Ward Councillor is aware of this application and the staff recommendation.
There are no legal implications associated with this report.
RISK MANAGEMENT IMPLICATIONS
The application is consistent with the Planning and Growth Management priority which
Document 1 Location Map
Document 2 Survey Plan
Document 3 Details of Recommended Zoning
Document 4 Consultation Details
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, 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.
SURVEY PLAN DOCUMENT 2
DETAILS OF RECOMMENDED ZONING DOCUMENT 3
Proposed Changes to the Comprehensive Zoning By-law
1. Rezone the property as shown on Document 1 from R5BF(3.0) to R5B[xxxx]F(3.0).
2. Add a new exception to Section 239, Urban Exceptions, with provisions similar in effect to the following:
a. In Column II, the text R5B[XXXX]F(3.0); and,
b. In Column III, the text:
- personal service business limited to barber shop, beauty parlour, or dry cleaner's distribution station
- place of assembly limited to a club
- retail store limited to a drug store, florist shop, news stand,
- medical facility
c. In Column V, the text:
- no parking spaces are required for a medical facility parking for additional permitted uses may be parked three in tandem on a driveway that leads to a required parking space
- total maximum required number of parking spaces for all other non-residential uses: three spaces
- a motor vehicle parking space must have a minimum width of 2.25m
- three tandem parking spaces are permitted on a driveway leading to a required parking space
- No parking spaces may be located within the front yard and no vehicle may be parked on a driveway within the front yard
- Maximum permitted width of a driveway: 2.35 m
- All portions of the front yard not occupied by a driveway, a walkway with a maximum width of 1.8 metres, and permitted projections must be landscaped with soft landscaping
CONSULTATION DETAILS DOCUMENT 4
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.
None were received.
COMMUNITY ORGANIZATION COMMENTS
I am pleased to inform you that the Centretown Citizens Community Association has no objections to the proposed rezoning for 231 Lisgar Street, which you brought to our attention via a community heads-up email.
CCCA interim President