Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
Submitted by/Soumis par : Ned Lathrop, Deputy City Manager / Directeur
municipal adjoint
Planning and Growth
Management / Urbanisme et Gestion de la croissance
Contact Person/Personne ressource : Grant Lindsay,
Manager / Gestionnaire
Development Approvals / Approbation des demandes d'aménagement
(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That
the Planning and Environment Committee recommend Council approve an amendment
to the former City of Ottawa Zoning By-Law to change the zoning of
510 Rideau Street from Neighbourhood Linear Commercial CN11[916] F(3.0) zone
to Neighbourhood Linear Commercial CN11 F(3.0) exception zone as shown in
Document 1 and detailed in Document 3.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil d’approuver une modification au règlement
municipal de zonage de l’ancienne ville d’Ottawa pour faire passer la
désignation du 510, rue Rideau de zone commerçante de quartier CN11[916] F(3.0)
à zone commerçante de quartier CN11 F(3.0) assortie d'une exception spéciale
comme il est indiqué dans le document 1 et détaillé dans le document 3.
BACKGROUND
The subject property is located on the south side of Rideau Street between Augusta and Cobourg Streets. Currently on the property is a vacant two-storey converted dwelling which has been used for office space. The applicant is requesting a change to the zoning of the property to permit a Cultural, Social and Counselling Centre that provides a service to the Aboriginal population of Ottawa.
DISCUSSION
City Council Approved Official Plan
The City Council Approved Official Plan designates the subject property as "Mainstreets." The Mainstreets designation delineates two types, pre and post war. The subject property is located along a pre war Mainstreet. This category of Mainstreet is characterised by development that is pedestrian-oriented with a mixture of uses where residential and commercial uses exist either in the same building or adjacent to one another. Change and renewal within areas designated Mainstreets is to occur in a way that creates an architecturally pleasing environment and that provides for a lively mix of uses. To achieve these objectives, direction is provided to have development that is oriented to the street, that is friendly to pedestrians and that presents a strong continuous building edge on the sidewalk. Over time, it is the City's intent that Mainstreets will consolidate into uninterrupted networks of active mixed use developments that support communities and provide identity and character to the urban area. The proposed rezoning satisfies the policies mentioned above as it will add to the lively mix of uses presently permitted on the property, consistent with the eclectic nature of this portion of Rideau Street. By using the building on site, which is situated next to the sidewalk, the proposed use will maintain the pedestrian orientation and continuous built form characteristic of Rideau Street.
Development in areas designated Mainstreets must also satisfy the policies in Section 2.5.1. of the new Official Plan. This section pertains to ensuring the compatibility of a proposed development with surrounding properties. While many of the compatibility factors relate to considerations to be addressed through the Site Plan Control process, there are policies relevant to zoning. In this regard, the site is located on an arterial road which has sufficient capacity to accommodate the proposal's anticipated traffic, without any modifications to that roadway. It is anticipated that many of the clients will either live within walking distance or will use public transit to access the property. The proposed use will require two parking spaces, which can be provided on site.
Sandy Hill Secondary Plan
The subject property is located within the Sandy Hill neighbourhood, which has a Secondary Plan that was carried forward from the former City of Ottawa Official Plan into the City Council Approved Official Plan. This Secondary Plan indicates that the Sandy Hill area is to provide for a broad range of socio-economic groups. The proposed rezoning satisfies this policy as it will permit a use that will help fulfill a service to the City's Aboriginal population.
The site is designated Major Commercial Area in the Secondary Plan and contains policies for lands with this designation. While the proposed development is not a retail use, it meets the intent of the Major Commercial Area policies as it will be located on Rideau Street, which is readily accessible by the target population. As well, it is isolated from existing residential communities and will not directly impact these areas.
Former Regional Official Plan
The former Regional Official Plan designates the subject property as General Urban Area. Lands with this designation are to be used for primarily residential purposes, supportive shopping services and community facilities. The proposed rezoning will permit a use that satisfies these policies in the former Regional Official Plan as it will provide for a community facility to meet the needs of the City's Aboriginal community.
Former City of Ottawa Official Plan
The former City of Ottawa Official Plan designates the subject property as Neighbourhood Linear Commercial Area. Lands within this designation are recognized as having a varied range of activities, densities and profiles of development. Uses are intended to be pedestrian oriented and compatible with adjacent areas. It is the Department's position that the proposed rezoning will satisfy these policies in the former City of Ottawa Official Plan. The rezoning will allow reuse of the existing building, which is close to the street and is pedestrian oriented, with access directly from the sidewalk. Finally, being part of the commercial district will mean that patrons will not be travelling into the adjacent residential community, which could be disruptive to that neighbourhood. Rather, patrons will support the pedestrian oriented character of Rideau Street.
Uptown Rideau Community Design Plan
The subject property forms part of Uptown Rideau Area along Rideau Street, from King Edward Avenue in the west to the western shore of the Rideau River in the east. This area was the subject of a Planning Study that resulted in the Uptown Rideau Community Design Plan, which was approved by Council in January 2005. This plan was produced in accordance with the direction of the Official Plan and is intended to guide future development in the area. As part of the Planning Study, a vision for this portion of Rideau Street was formed. It was intended that this area would have a pedestrian streetscape of the highest quality within a compact urban setting. The Mainstreet is to provide a mix of residential, commercial, institutional and entertainment functions. New buildings are to fit into the fabric of older buildings that have been conserved and re-used. The Community Design Plan encourages the retention of buildings with a heritage interest and the establishment of a compatible mix of uses, including a range of commercial, residential and community uses that serve the surrounding neighbourhoods as well as a wider market.
The rezoning requested meets the intent of the local Community Design Plan. The proposed community use is consistent with the mix of uses on the street, will add to the diversity of the community and will serve a population located in the surrounding area, as well as from other areas of the City. This rezoning will also permit the retention and reuse of the existing building, which is a Category Three Heritage Building and is identified in the Community Design Plan as a building having Heritage Value.
Community Compatibility
The Department notes that the existing zoning for the property presently permits uses such as a community health and social services centre, a community centre, as well as a rooming house and special needs housing. While the proposed use is not permitted under the existing zoning, as noted above, it is similar in nature to existing permitted uses that all provide needed services to the community. The characteristics of a Cultural, Social and Counselling Centre would not be significantly different nor introduce a use that is not already contemplated by the current zoning.
During the public notification portion of this application, the Department received a number of comments related to the economic and social status of the people who would be using this facility, the concern being that they are undesirable for the community. This however, is not a factor for determining the appropriateness of a new land use. The Department must look at policies which are contained in relevant planning documents and make a decision on whether a use is appropriate for a particular property. The economic or social status of anyone who might be served by a use is not a land use consideration.
CONSULTATION
Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councillor is opposed to this application and the staff recommendation. Twenty comments were received as a result of the public notification. Nineteen people expressed concerns over the types of people who would frequent the proposed establishment while one person wanted more information.
Detailed responses to the public notification are provided in Document 4.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS TIMELINE STATUS
This application was processed by the "On Time
Decision Date" established for the processing of Zoning By-Law Amendment
applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Explanatory Note
Document 3 Details of Proposed Zoning
Document 4 Consultation Details
DISPOSITION
Corporate Services Department, Secretariat Services to notify the owner (Odawa Native Friendship Centre Inc. 12 Stirling Avenue Ottawa, K1Y 1P8 Attention: Kathleen Cayer), All Signs, 8692 Russell Road, Navan, ON K4B 1J1, and the Program Manager, Assessment, Department of Corporate Services of City Council’s decision.
Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.
Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.
LOCATION MAP Document
1
EXPLANATORY NOTE Document
2
THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER
By-law Number ………amends By-law Number, 93-98, the former City of Ottawa’s Comprehensive Zoning By-law. This amendment affects the lands located at 510 Rideau Street. The applicant wishes to rezone the property to permit a Cultural, Social and Counselling Centre.
Current Zoning
The subject property is currently zoned Neighbourhood Linear Commercial CN11[916] F(3.0). The CN zone is a commercial zone that allows a wide range of commercial and some residential uses located above the ground floor. The number 11 represents a sub-zone, which in this instance establishes regulations for residential uses, as well as setbacks for all types of uses.
The [916] represents an exception to the present zoning, which in this case indicates the rate at which amenity area must be provided for dwelling units. The F(3.0) relates to the floor space index, which in this case, indicates that the area of buildings on the property may be equal to three times the area of the lot.
Proposed Zoning
The proposed zoning is a new CN11 F(3.0) exception zone. This zoning is similar to the existing zoning in that all uses and regulations currently applying to the property shall continue to do so and that a Cultural, Social and Counselling Centre shall also be a permitted use.
For further information, please
contact Douglas James of the Planning and Infrastructure Approvals Branch at
580-2424 extension 13856
DETAILS OF RECOMMENDED ZONING Document 3
For the lands known municipally as 510 Rideau Street, the zoning will change from CN11[916] F(3.0) to a new CN11 F(3.0) exception zone that will include the following:
1. Additional Permitted use: cultural, social and counselling centre;
2. Additional provisions: amenity area must be provided for each dwelling unit at a rate of 18.5 square metres per dwelling unit, one half of which must be provided as uncovered outdoor amenity area.
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.
PUBLIC COMMENTS
Twenty comments were received as a result of the public notification process. Nineteen people had concerns over the proposed rezoning while one person wanted further information. A summary of their comments and a response to their comments are presented below.
SUMMARY OF PUBLIC INPUT
1. The proposed operation will serve as a blow to the businesses currently operating in the same block. The Capital Mission which operates in the same block has proved to be a negative influence affecting local businesses.
Response
It is the Department's view that the proposed use is similar to uses which are already permitted in the Zoning By-law.
2. We believe that the rezoning runs counter to the principles established by the Uptown Rideau Community Design Plan
Response
Staff are satisfied that the proposed use is consistent with the intent of the principles established by the Uptown Rideau Community Design Plan.
3. The area already has the Capital Mission and other similar social services. Adding to the concentration of such services in one area of the City is counter productive to the principles of community integration and mixed income living.
Response
The proposed use will serve a population that is in the area and therefore is seen as a use serving the local area. Such uses are appropriate from a land use perspective along a commercial street.
4. If this application is approved there will be an increase in theft, loitering and vandalism. This will have a negative effect on the residents of the area as well as the local businesses.
Response
Consideration of a rezoning request is based on land use matters alone. Issues of theft, loitering and vandalism are policing issues.
COUNCILLOR’S COMMENTS
Councillor Georges Bédard provided the following comments.
I am writing to express my opposition to the proposed rezoning of 510 Rideau Street.
I do not support this zoning amendment because Council just recently passed consistent new zoning all along this street, with the Uptown Rideau Community Design Plan. The purpose of this Plan and of the related zoning changes is to avoid ad-hoc zoning changes and the uncertainty that they bring.
Some of this recent zoning is currently under appeal and this applicant is not one of those appealing. We can’t change the rules for some and not others, especially not so soon.
The goal of the Uptown Rideau Community Design is turn this section of Rideau Street into “one of the most vibrant and charming community mainstreets in Ottawa.” There has been extensive consultation concerning the appropriate types of uses, both at the ground level and above, to make the street vibrant and pedestrian-oriented. If the uses need review it should be done systematically for the street, not just for one property. Nearby businesses and residential developers have made it clear that this type of use does not contribute positively to the character of the street nor to their ability to attract customers.
Moreover, Ward 12 already has a disproportionate number of homelessness prevention and support services - over twenty in Lower Town and Sandy Hill - including the Capital City Mission across the street from 510 Rideau. This coupled with the highest concentration of OCHC housing and the lowest average income risks turning the neighbourhood into a low-income ghetto.
Response to Councillor's Comments
While the Uptown Rideau Community Development Plan and corresponding zoning have only recently been put into place, people and organizations have the opportunity and right to apply for a modification to the zoning. Each application is evaluated on its own merits from a planning perspective. The community perception to the characteristics of intended clients is not a planning consideration.