2. ZONING – 27 LOUISA STREET
ZONAGE - 27, RUE LOUISA
(This matter is Subject to Bill 51)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 27 Louisa Street from R4T to R4T(xxx), to permit parking as shown in Document 1 detailed in Document 2.
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 27, rue Louisa de R4T à R4T (xxx) en vue de permettre le stationnement, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 4 November 2011 (ACS2011-ICS-PGM-0228).
That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 27 Louisa Street from R4T to R4T(xxx), to permit parking as shown in Document 1 detailed in Document 2.
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 27, rue Louisa de R4T à R4T (xxx) en vue de permettre le stationnement, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
The subject property is located at 27 Louisa Street, on the north side of the street, just east of the intersection of Louisa Street and Lebreton Street North. The site has an approximate area of 399.7 square metres and currently contains a residential three-unit dwelling with six existing parking spaces, one of which is at partially located within the Louisa Street road allowance.
The subject site is owned by The Roman Catholic Episcopal Church (RCEC), which also owns the church (St. Hyacinth) directly across Louisa Street to the south. Immediately adjacent to the east is the parking lot of a nearby high-rise apartment building. To the west and further to the east along Louisa Street and north and south along Lebreton Street North are two and three-storey dwellings and apartments with some home businesses and offices. To the east of the church is a three-unit dwelling, a training facility and associated parking lots. The site is currently designated General Urban Area in the Official Plan and zoned Residential Fourth Density (R4T) in By-law 250-2008.
The church site contains the church building and residence on the north side of the site and a 20- space parking lot on the south side. In addition to the subject site, the church has limited access to parking on the adjacent properties including a total of approximately 45 spaces on two lots on the adjacent Gladstone Health and Sports Centre property.
Purpose of Zoning Amendment
The proposed zoning change is to allow the RCEC and the St. Hyacinth Church, to provide supplementary off-site parking at 27 Louisa Street, which is zoned R4T. The applicant indicates that the six-space parking area is ancillary parking for the church and has been used as such for at least the past 20 years. Parking as an ancillary use is not permitted in the R4T zone. No buildings will be added to the property due to the zoning by-law amendment.
The site is currently zoned Residential Fourth Density (R4T) in By-law 250-2008. The Zoning By-law indicates that one of the purposes of the R4 zone is to: “regulate development in a manner” that “is compatible with existing land use patterns so that the mixed building form, residential character of a neighbourhood is maintained or enhanced”. The base R4 zone permits a variety of residential uses including: park, apartment dwelling low-rise, bed and breakfast, retirement home, and three-unit dwelling. The R4T zone does not permit a parking lot. The R4T sub-zone establishes specific performance standards related to lot sizes and building setbacks.
The property across Louisa Street to the south containing the applicant’s primary site, the St. Hyacinth Roman Catholic Church, is zoned I1A Minor Institutional zone. The I1A allows for a place of worship and other institutional uses.
The proposed zoning allows for a parking lot limited to six spaces used as ancillary parking in association with a place of worship located at 201 Lebreton Street North, which is currently occupied by St. Hyacinths church. The recommended re-zoning also includes performance standards to address residential parking, parking space dimensional limitations, and requirements for screening and minimum landscape areas.
General Urban Area
The subject property is located in the General Urban Area designation in the Official Plan (OP). The OP states that the “General Urban Area designation permits the development of a full range and choice of housing types to meet the needs of all ages, incomes and life circumstances, in combination with conveniently located employment, retail, service, cultural, leisure, entertainment and institutional uses. This will facilitate the development of complete and sustainable communities.”
The proposed re-zoning provides for continuation of the existing residential use on the property while supporting the functional needs of an established cultural and institutional facility, St Hyacinth’s church, serving the larger community.
Policy 5 of the General Urban Area states that it “permits uses that may generate traffic, noise or other impacts that have the potential to create conflicts with the surrounding residential community. These types of uses are often large and serve or draw from broader areas. The City will ensure that anticipated impacts can be adequately mitigated or otherwise addressed. Such uses will be directed to: ......b. Suitable locations on the perimeter of, or isolated from, established residential neighbourhoods.” The subject site is in the middle of a largely residential neighbourhood. However, directly across on the south side of Louisa Street the block is entirely institutional and cultural uses, except for the priest‘s residence, and abutting the east side of the parking lot proposed for the church is a large parking lot serving a nearby high-rise apartment development. Thus part of the site context is similar to a non-residential neighbourhood perimeter condition and appropriate for a minor non-residential use, such as the proposed small parking lot. The recommended zoning provisions will help mitigate the impact of the parking by limiting it to six spaces and requiring a landscaped area and screening on the rear portion of the lot and screen fencing along the street.
Compatible design is a fundamental objective of the OP. The Strategic Directions of Section 2 establish a set of Design Objectives and pursuant Principles, of which parts of Principle #2 have bearing on the subject re-zoning application. This principle indicates that “Design should: Clearly define and connect public and private spaces by defining and enclosing spaces using buildings, structures and landscaping, enhance and enliven the quality, character and spatial delineation of public spaces, consider streets as public spaces,” and “meet the needs of pedestrians as a priority”. The proposed re-zoning requires the provision of fencing between the proposed parking lot and the street, which will help screen the parking while defining the public streetscape and giving a protective priority to the pedestrian realm in this area.
Policy 2 of Section 4.11, Urban Design and Compatibility indicates that “the City will evaluate the compatibility of development applications on the basis of the following compatibility criteria.
The measures of compatibility will vary depending on the use proposed and the planning context. Hence, in any given situation individual criteria may not apply and/or may be evaluated and weighted on the basis of site circumstances.” The applicable compatibility criteria for this rezoning application are discussed below:
“a. Traffic: Roads should adequately serve the development, with sufficient capacity to accommodate the anticipated traffic generated. Generally development that has the potential to generate significant amounts of vehicular traffic should be located on arterial or major collector roadways so as to minimize the potential for traffic infiltration on minor collector roadways and local streets;” The proposed rezoning permits a parking lot limited to only six spaces, which generates a volume appropriate to the capacity of Louisa street which is designated as a local street.
“b. Vehicular Access: The location and orientation of vehicle access and egress should address matters such as the impact of noise, headlight glare and loss of privacy on development adjacent or immediately opposite.” The parking lot facilitated by the proposed rezoning has access directly across from a place of worship and the parked vehicles will face an adjacent existing parking lot.
“c. Parking Requirements: The development should have adequate on-site parking to minimize the potential for spillover parking on adjacent areas. A range of parking forms, including surface, decked, and underground, should be considered taking in account the area context and character. Opportunities to reduce parking requirements and promote increased usage of walking, cycling and transit will be pursued, where appropriate, particularly in the vicinity of transit stations or major transit stops,” The surface parking allowed by the proposed rezoning establishes an alternative to on-street parking for six vehicles, while the performance standards help address the character of the area. Although the church site is within 600 metres of a possible future rapid transit station at Gladstone Avenue, it is at the outer edge of the limit and the peak use time of the church does not coincide with peak period transit service.
“d. Outdoor Amenity Areas: The development should respect the privacy of outdoor amenity areas of adjacent residential units and minimize any undesirable impacts through the siting and design of the buildings and the use of screening, lighting, landscaping or other mitigative design measures.” The performance standards of the recommended rezoning help protect landscaped area used as amenity space by residents of the three-unit dwelling on the subject property.
Roads and Parking
Official Plan Section 4.3 – Walking, Cycling, Transit, Roads and Parking Lots, indicates that “Individual building sites must be easy to get to and travel through on foot, by bicycle and transit, and by automobile.” Sec 4.3 goes on to say that “Landscaping, the positioning of buildings and other features of adjacent development can be further organized to support pedestrians and cyclists.” Policy 7 of Section 4.3 states: “The City will require that parking areas for motorized vehicles be screened from the street with low shrubs, trees, landscaped berms, decorative walls and fences.” The proposed re-zoning facilitates more ease of access by those using the St. Hyacinth, and required fencing, as per the proposed zoning performance standards, will help separate vehicular and pedestrian movements.
The requested re-zoning is in keeping with the intent of the Official Plan policies for the General Urban Area, including those pertaining to Design and Compatibility and those dealing with roads and parking issues. Therefore, the application is recommended for approval.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The issues raised through the circulation are summarized and addressed in Document 3.
Councillor Diane Holmes commented as follows:
“Please ensure that the grassed area at the northern end of the property is retained, with the wood rail fence.”
Should this matter be appealed to the Ontario Municipal Board, it is anticipated that a one day hearing would result. Should the recommendation be refused, reasons would have to be provided. In the event of an appeal of the refusal, an external planner would need to be retained at an estimated cost of $5,000 to $10,000.
RISK MANAGEMENT IMPLICATIONS
There are no known risk implications.
Potential costs are outlined in the Legal Implications section above. Should the services of an external planner be required, funds ($5,000 to $10,000) are not available within existing budget, and the expense may impact Planning and Growth Management’s operating budget status.
The recommended re-zoning may facilitate a reduced walking distance for some attendees of St. Hyacinth Church.
The subject re-zoning is in keeping with the City’s Strategic Plan objectives pertaining to managing growth and creating sustainable communities.
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the seasonal nature of attendance of a place of worship and the need to observe parking patterns associated with normal attendance in the fall season.
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 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.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
Proposed Changes to the Comprehensive Zoning By-law
Details of Recommended Zoning
1. Change the zoning of the property from R4T to R4T[xxxx] as shown on Document 1
2. Section 239 will be amended by adding a new exception with provisions similar in effect to the following:
- Parking lot is added as a permitted use in Column III
Column V is amended by adding:
- Parking lot is permitted only as an ancillary use to a place of worship located at 201 Lebreton Street North with maximum of six spaces
- The minimum length of a parking space is 4.0 m.
- The minimum width of a parking space is 2.5 m.
- The minimum width of an aisle or a driveway leading to or providing access to a parking space is 4.0 m.
- No parking is permitted within 8.4 metres of the rear lot line
90% of the landscaped area within 8.4 metres of the rear lot line must be soft landscaping
- All parking and the aisles must be separated from the northerly 8.4 metres of the lot by an opaque screen having a minimum height of 1.5 metres
- the opaque screen must be continuous from the easterly property line extending not less than 9.4 metres westerly
- Notwithstanding Sec. 110 all parking on the property must be screened from the street by a continuous opaque screen having a height of not less than 1.1 m. and extending not less than 3.5 m westerly from the easterly property line.
- The provisions of Table 110 a. do not apply
- a three-unit dwelling requires only one parking space
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.
The comments from the public are summarized below followed by the staff response to each item:
Response: The recommended rezoning includes provisions limiting the number of spaces to six, and only permitting a parking lot as an ancillary use to a place of worship, while providing for resident/tenant parking.
Response: The recommended rezoning contains performance standards to protect existing landscaped areas on the property and requires fencing to separate the parking from the landscaped area and from the street, all generally in keeping with the submitted concept plan. The required fence may inhibit the use of the landscaped rear yard for snow storage; any impact on adjacent properties due to snow storage is a civil matter.
Response: The recommended rezoning will not lead to additional vehicle-oriented uses in the area, and contains performance standards to protect the existing landscaped areas on the property.
The requested six more parking spaces will make little difference. Parking takes place on both sides of Lebreton Street North during church services despite restrictions to one side. It is unreasonable to expect to park right in front of a church in a downtown neighbourhood. How much parking does the church have and how many people attend the church? How much on-street parking is available within two blocks?
Response: The church has indicated that arrangements are in place allowing for their use of two adjacent parking lots owned by the Gladstone Health and Sports Centre totalling 45 spaces, and have 20 spaces in their lot on the south portion of the church property. There are approximately 70 on-street parking spaces within the surrounding two blocks of which approximately 12 spaces have winter restriction. The Church estimates a total Sunday attendance of 605 people spread across five masses, the largest usually being 200 people at 11:00AM; there is also one Saturday evening mass averaging 60 attendees. Allowing for limited parking in the existing lot immediately across from the church is recommended based on the discussion provided earlier in this report.
Response: There is no application to demolish the house for the purpose of creating more parking. A re-zoning was recently approved by City Council that will result in demolition replacement of the church residence a part of an expansion to the church facilities and may include parking for the new residence.
Response: The recommendation is to approve the application with the addition of performance standards addressing the need to limit and screen the proposed parking.
COMMUNITY ORGANIZATION COMMENTS
Dalhousie Community Association Comments
”The Dalhousie Community Association is aware of the separate planning application for a proposed addition to the church building, and support that. However, we are opposed to this parking re-zoning for the following reasons:
· Using a residential (property) as a parking lot is not in conformity with the purposes of the R4 zoning. Nor is it conducive to redevelopment and intensification of this and adjacent lots.
· Parking lots are detrimental to achieving sound low-rise residential neighbourhoods and have negative impact on nearby residential lots.
· The church already has a parking lot and will be adding three more spaces at their new addition. Half a dozen parking spaces is not going to significantly affect the parking demand created by church functions.
· In the past the church has sought to demolish the existing duplex and pave the entire lot. This application could be merely the first step towards realizing that goal.
· Permitting this application may create a moral precedent for the further erosion of this neighbourhood. We note that several other lots have already been turned into parking lots, reducing the viability of the remaining houses, and that this block is continually suffering attempts to expand parking lots. We do not want to encourage block busting practices.
We note that this application is for six spaces, whereas less than five can be accommodated on site. We oppose the use of the city boulevard for parking – it should be landscaped. If this rezoning is approved, there will be a right to add one or two spaces in the grassed rear yard, reducing the liveability of the house.
In summary, we see minimal benefit to the rezoning and numerous drawbacks for the site and adjacent neighbourhood. We therefore recommend dismissal of this application.
Eric Darwin, President
Dalhousie Community Association”
Response: Part of the stated intent of the R4 zone is to “regulate development in a manner” that “is compatible with existing land use patterns so that the mixed building form, residential character of a neighbourhood is maintained or enhanced”. The recommended rezoning includes provisions requiring screen fencing and minimum landscaped area to help maintain neighbourhood compatibility, and maintains the existing residential use in keeping with the residential land use pattern in the area. The church only has 20 on-site parking spaces with current agreements for the use of 45 other spaces but only at specified times. Six spaces is a significant increase to the 20 spaces that they own. The removal of the existing three-unit dwelling would require approval of a separate application for Demolition Control, and no application has been submitted. Any applications for Demolition Control or other forms of re-development would be evaluated on its own merit. The parking lot proposed actually exists and is tied to a place of worship through the provisions of the re-zoning. Given the existing condition, this application is not considered block-busting nor a precedent for future such proposals. The recommended zoning provisions specifically limit the parking to the area currently used, excluding the City road allowance and call for fences to protect the road allowance and the existing rear yard landscaped area.
ADVISORY COMMITTEE COMMENTS
There was no response from advisory committees.