Report to/Rapport
au:
Planning and
Development Committee/
Comité de
l’urbanisme et de l’aménagement
and Council/et au Conseil
03 July 2001 / le
03 juillet 2001
Submitted
by/Soumis par: Ned Lathrop, General Manager/Directeur général
Contact/Personne-ressource: Karen Currie, Manager, Development
Approvals/
Gestionnaire,
Approbation des demandes d’aménagement
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Ref N°: ACS2001-DEV-APR-0175 |
SUBJECT: APPEAL BY CAMPANALE HOMES LTD. – ZONING FOR
42 STEEL STREET
OBJET: APPEL DE CAMPANALE HOMES LTD. – ZONAGE DU 42 DE LA RUE STEEL
REPORT RECOMMENDATION
That the Planning and
Development Committee recommend that Council advise the Ontario Municipal Board
that it has no objection to rezoning the property known as 42 Steel Street to
permit semi-detached housing in addition to single family housing.
Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil d’aviser la Commission des affaires municipales de l’Ontario qu’il n’a pas objection à ce qu’on procède au rezonage de la propriété située au 42 de la rue Steel, afin d’y permettre l’habitation jumelée en plus de l’habitation unifamiliale.
In June 2000 Campanale Homes applied to the former City of Gloucester for a Zoning By-law amendment for 42 Steel Street in the Beacon Hill South neighbourhood (see Map). The property is vacant and surplus to the needs of Rothwell United Church which occupies the land immediately to the north and who have a conditional Agreement of Purchase and Sale with Campanale Homes. The purpose of the rezoning was to facilitate a subdivision proposal consisting of 15 townhouses and a single family dwelling which would be a Habitat for Humanity home. The original (1984) zoning permitted single family and semi-detached housing, but the new City of Gloucester Comprehensive Zoning By-law (1999) applying to all residential zones in Gloucester had the effect of removing semi-detached as a permitted use on this property. However, this comprehensive Zoning By-law (333 of 1999) was appealed to the Ontario Municipal Board by several Ottawa builders so it did not come into effect.
Staff at the City of Gloucester recommended in favour of the rezoning applied for by Campanale Homes but having regard to concerns expressed by nearby residents, Gloucester City Council rejected the application. The opponents had cited concerns of increased traffic, the appropriateness of townhouses next to single family dwellings and capacity of storm and sanitary sewers (this last point would be addressed as a condition of subdivision approval).
Campanale Homes appealed the refusal of the rezoning request to the Ontario Municipal Board. Before any hearing was scheduled, Campanale decided to change its development plans and in November 2000 filed a subdivision application for six lots for twelve semi-detached units and one lot for a single family home. This would have been permitted by the 1984 by-law, thus removing the need for an OMB hearing. However, prior to filing the subdivision, and without Campanale’s knowledge, the concerns of the Ottawa builders with By-law 333 of 1999 had been resolved permitting the Comprehensive By-law to come into force which had the effect of permitting only singles on the subject property.
The present situation is that Campanale has before the OMB an appeal that the zoning for 42 Steel Street should permit townhouses. Because Campanale now want to build semis and one single and because By-law 333 of 1999 has come into effect, it is now necessary for Campanale to revise its appeal to add semis not townhouses as a permitted use for 42 Steel Street.
Staff at the OMB have advised Campanale that they do not know if the OMB will accept the appeal being revised and this is something that will be determined by the Board member at a pre-hearing (if one is held) or at the hearing itself.
Although the former City of Gloucester Council had rejected Campanale’s rezoning request, the City later decided that it would not be represented at a hearing. Accordingly, the City of Ottawa is at present not committed on this issue. However in that semi-detached housing on the site would conform to both the Gloucester and Ottawa-Carleton Official Plans it would be appropriate for the City to advise the OMB that it is not opposed to the Board amending the zoning to add semi-detached housing as a permitted use. The proposed subdivision application for this site including the semi-detached units and one single has been reviewed and has included public consultation, with no major objections noted. The Planning and Infrastructure Approvals Branch supports the modification in the zoning to correct the problem which occurred with the coming into force of the Comprehensive Zoning By-law. The change in the zoning will return the permitted uses to those included in the by-law prior to the adoption of the new Comprehensive Zoning By-law and Campanale Homes application for re-zoning.
As the matter is already before the OMB, no consultation was deemed necessary. The OMB’s notification requirements for the hearing include all landowners within 120 metres.
FINANCIAL IMPLICATIONS
N/A
N/A
The Director of Planning and Infrastructure Approvals to advise the Ontario Municipal Board of Council’s position.