Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

12 October 2006 / le 12 octobre 2006

Submitted by/Soumis par : John L. Moser, Acting Deputy City Manager/

Directeur municipal adjoint par intérim,

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

Capital (17)

Ref N°: ACS2006-PGM-APR-0180

SUBJECT:	ZONING - 104 Mason Terrace and 388 Main STreet

OBJET :	ZONAGE - 104, terrasse mason et 388, rue main

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 104 Mason Terrace from R1L (Detached House Subzone) to R2F [Exception] (Semi-Detached House Subzone with an exception) and to change the zoning of 388 Main Street, currently zoned R5[167]F(1.0) (Low-rise Apartment subzone), to a new R5 exception zone as detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver une modification au Règlement de zonage de l'ancienne Ville d'Ottawa de manière à faire passer la désignation du 104, terrasse Mason, de R1L (sous-zone de maisons unifamiliales) à R2F [Exception] (sous-zone de maisons jumelées assortie d'une exception) et de changer la désignation actuelle du 388, rue Main, correspondant au zonage R5[167]F(1.0) (sous-zone d'immeubles à appartements de faible hauteur), à une nouvelle zone d'exception R5, comme le précise le document 2.

BACKGROUND

The property at 104 Mason Terrace is zoned R1L – a Detached House Subzone - and is located at the northeast corner of Mason Terrace and Mutchmor Road. The property is an irregular shape, with 12.19 m of frontage on Mason Terrace (the front yard for By-law purposes), 24.53 m of frontage along Mutchmor Road, and a lot area of approximately 79 m². The property is surrounded by single-detached houses, with the exception of the Cuban Embassy located at the rear of the property, with its address as 388 Main Street. The Cuban Embassy is zoned R5A[167] F(1.0). The remainder of the properties on Main Street, and those on Riverdale Avenue, are zoned to permit multiple unit dwellings, with zones ranging from R2A to R3J.

The purpose of the requested Zoning By-law amendment is to permit the conversion of the existing single-detached house at 104 Mason Terrace to a linked-detached house, to be occupied by members of the staff of the Cuban Embassy and their families. The second unit will be accessed from Mutchmor Road. Parking for the proposed additional unit will be accommodated on the main Cuban Embassy site at 388 Main Street. The plans submitted with the application do not include any on-site parking for the additional unit.

The proposed Zoning By-law amendment application will amend the zoning of 104 Mason Terrace from R1L to R2F[***], a Semi-detached subzone with an exception. The R2 zone permits all of the uses permitted in the R1 zone, with the addition of a duplex house, a linked-detached house, and a semi-detached house. The purpose of the exception is to accommodate the unique features of the development relating to its position on a corner lot, and its relationship to the Cuban Embassy. The front yard for the new unit, for the purposes of the Zoning By-law amendment, will be Mutchmor Road, with the rear yard being the northerly side yard of the original unit. This will have the effect of reducing the rear yard of the original unit to zero. The exception will also allow parking for the new unit to be located off-site on the Cuban Embassy property. This will require that an exception also be added to the R5A[167]F(1.0) zone applying to the Embassy lands to permit non-accessory parking.

DISCUSSION

Official Plan

The Official Plan has designated 104 Mason Terrace and 388 Main Street as General Urban Area. Lands having this designation are expected to develop with a wide range of residential uses as well as employment, service, cultural, leisure, entertainment and institutional uses. A semi-detached, or linked-detached, house conforms to this designation as it represents a form of ground-oriented housing that represents a reasonable transition between the low-density housing permitted on Mason Terrace and Mutchmor Road and the medium-density residential uses permitted on the adjacent property at 188 Main Street, and the other properties on Main Street.

The proposal meets the Official Plan’s goal of intensification as it represents an opportunity to add a housing unit to a serviced, central location. The City supports intensification and infill development throughout the urban area, including areas designated General Urban Area. The Official Plan requires that the City will promote opportunities for infill on lands where the present use is maintained and the addition of residential uses or other uses can be accomplished in a complementary manner.

The policies in the Compatibility of Development Section of the Official Plan require that the City ensure, when reviewing development applications for intensification, that there is compatibility with the pattern of the surrounding area in terms of height, setback from the street and distance between buildings. Where the height, building mass, proportion, street setback and distance between buildings varies from the norm in the area, the proposed design may compensate for this variation through its treatment of other characteristics common to the surrounding area, including the materials, textures and colours used in wall treatments; the articulation of facades; the size, shape and location of doors and windows; the treatment of parking facilities and the location of garages; the form of the roof shape; landscape treatments; and other architectural or design features where appropriate. It is the Department's position, based on the elevations that have been provided, that the expansion of the existing detached house to include an additional unit conforms to this policy and will be a suitable fit within the community.

The original design proposed by the Applicant has been modified, through consultation with the community and with the Department, to be more sensitive to the abutting property at 118 Mason Terrace, and to be more compatible with the streetscape. The height of the addition has been lowered, the wall facing the abutting property has been further articulated, and relocated to provide greater separation between the two uses, and the front and side facades have been altered to greater reflect the design of the existing unit, as well as the other houses in the area. The design modifications required the removal of the parking space for the additional unit, and resulted in the proposal to accommodate the required parking on the Embassy lands. In order for this parking to be permitted on the Embassy lands, it is necessary to amend the exception currently applying to those lands to permit non-accessory parking, associated with the uses at 104 Mason Terrace.

Zoning By-law

The 104 Mason Terrace property is part of a neighbourhood that is zoned R1, and that contains single-detached dwellings. The property is located adjacent to the Cuban Embassy, which is zoned R5A[167] F(1.0), and which is adjacent to properties, on Main Street and Riverdale Avenue, that are zoned to permit multiple unit dwellings, with zones ranging from R2A to R3J.

The proposed rezoning, to an R2 subzone, will include an exception to accommodate the unique orientation of the proposed linked-detached house, as well as the lot size for one of the units, which will be slightly smaller than that required by the proposed subzone. The exception will also permit the parking for the additional unit to be located on the adjacent property, and will, in effect, tie the two properties (104 Mason Terrace and 188 Main Street) together. The height limit of 10.7 metres will be maintained, and will not form part of the exception.

The purpose of the R1 zone is to permit low density dwellings on lands, to restrict dwelling types to detached houses, and to regulate development in a manner that adopts existing land use patterns so that the detached-house character of a neighbourhood is maintained.

Similarly, the purpose of the R2 zone is to permit low density dwellings with a slightly higher density than in the R1 zone, to restrict dwelling types to detached houses, semi-detached houses, linked-detached houses and duplex houses, and to regulate development in a manner that adopts existing land use patterns so that the low density character of a neighbourhood is maintained.

Rezoning 104 Mason Terrace from R1 to R2 will maintain the low density character of the neighbourhood, and will permit an additional housing unit to be located in a central, serviced location. It will allow a development that will compliment the associated use at 188 Main Street, and will result in the revitalization of the property. While the proposed construction will have an impact on the rear yard of the properties located at 118 and 120 Mason Terrace, this impact has been reduced by amendments to the proposed plans. The plans provide for an increase in the distance between the lot line and the proposed addition over that of the existing one-storey additions, and draw the building closer to Mutchmor Road.

ENVIRONMENTAL IMPLICATIONS

The proposed construction will require the removal of a mature oak tree on private property, and the possible relocation of City trees located on the right-of-way. The Applicant is aware of the concerns of the neighbourhood respecting the potential damage to trees, both on-site and on adjacent properties.

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. A community meeting was held on August 30, 2006 and the Ward Councillor is aware of this application and the staff recommendation. Full details of the comments received are included in Document 3 Consultation Details.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications because of the determined need to hold a community meeting, and as a result of negotiations to amend the design based on the concerns expressed by the community and the Department.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended zoning

Document 3 Consultation Details

DISPOSITION

Corporate Services Department, City Clerk’s Branch, Secretariat Services to notify the owner, (Cuban Embassy, 388 Main Street, Ottawa ON K1S 1E3), applicant, (Steve Barkhouse, Box 129, Stittsville ON K2S 1A2), Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26‑76) 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

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

1. The R1L [87] zone applying to the property known municipally as 104 Mason Terrace, and shown as Area A on Document 1, is rezoned to a new R2F[***] exception zone, and the following provisions apply for a linked-detached house or a semi-detached house:

Provisions –

For the property fronting on Mutchmor Road:

- the minimum lot area is reduced to 130 m2,

- the minimum required rear yard depth is reduced to 2.7m,

- the minimum required front yard is reduced to 0.89m,

- the minimum required side yard is reduced to 0.32m, and

- parking for the linked-detached house may be provided on the adjacent property at 388 Main Street.

For the property known as 104 Mason Terrace:

- the minimum corner side yard is reduced to 0.89m,

- the minimum required rear yard is reduced to 0 m, and

- Parking for the linked-detached house may be provided on the property at 388 Main Street.

2. The R5A[167] F(1.0) zone applying to the property known municipally as 388 Main Street, and shown as Area B on Document 1, is rezoned to a new R5A[***] F(1.0) exception zone, and the following provision is added to the exception provisions of exception 167:

Non-accessory parking, to serve the linked-detached houses in the R2F[**] zone may be provided.

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. A public meeting was also held in the community on August 30, 2006.

PUBLIC COMMENTS

We are concerned because the Cuban Embassy had proposed at one time putting 3 (three) houses on that property and we envisaged staring from our back yard at the back end of three houses with rather more or less good upkeep.
The description of the rezoning on the property at 104 Mason Terrace is misleading. It suggests that the existing single family house would be converted into a semi-detached house. In fact, it would convert the single family house into a construction more resembling an apartment building, intended to accommodate three families. The interior floor plan for the proposed new structure shows two kitchens. In addition to the kitchen in the existing structure there will be three kitchens in total indicating at least three families in residence.

Response to comments: The application has been submitted showing an addition to the existing unit, and the construction of one additional unit. The application was processed on that basis, and it is on that basis that the recommendation was formed. The Applicant has advised that each of the two units will have only one kitchen. If the Owner attempts to build three units in the future, this would be in violation of the proposed zoning.

I have serious concerns over the precedent that this would set in this particular neighbourhood.

Response to comment: Each zoning application that is submitted is considered by the Department, and by the Planning and Environment Committee, on its own merits. The present application is unique because of its location adjacent to the Cuban Embassy, and the fact that the proposed parking arrangement, as detailed in the exception provisions, ties the two uses together.

Given the poor care and neglect of the property as a single detached dwelling in the past, I have little confidence that as a two-unit dwelling, the property will be properly looked after, tidy and in keeping with the rest of the houses in this area.

Response to comment: Staff of the Cuban Embassy has advised that the reason the current building has fallen into disrepair is as a result of their development plans. They did not want to invest significantly in the repair of the current structures only to demolish them at a later date. The construction materials that will be used will be of high quality, and the site will be revitalised.

If this duplex re-zoning is approved, the character of this neighbourhood would definitely change. This project would detract from the character of the street, neighbourhood, and community.

Response to comment: The addition of an additional housing unit is within the policies of the Official Plan. The proposed structure has been designed to address the existing house, and to be as compatible as possible with surrounding properties.

Intensification creates greater traffic flow, a higher density of structures and population, increased noise, and rental units with absentee landlords whose properties eventually become run-down. All of this significantly detracts from the overall quality and character of a neighbourhood.

With reference to recent changes in other parts of the City, in general, the City's development policies created significant increases in traffic, noise and crime as well as on going parking and snow removal issues.

Response to comments: It is the intent of the City’s intensification policies to create and maintain liveable, well-functioning neighbourhoods. The proposed rezoning to permit the addition of one unit will not result in a significant increase in traffic on the neighbourhood streets, particularly because the parking for the unit will be located at 388 Main Street, and will be accessed from Main Street. An increase in noise and crime is not anticipated.

The proposed rezoning would almost triple the size and height of the existing property. This proposal would have irreversible consequences on the surrounding environment, the access to light and space in the yards of adjacent properties.

Response to comment: The existing house has a gross floor area of 144 m², and has a height of 7.8 metres. The proposed addition to the existing house, taking into account the removal of the existing single storey additions, will result in a gross floor area of 173 m² (addition of 29 m²), and will maintain the height of the existing house. The proposed second unit has a gross floor area of 114.5 m2, and a proposed height of 7.9 metres. The height limit in this area of the City (Area A) is 10.7 metres. While the proposed addition will increase the gross floor area of the building from 102.1 m² to 287.5 m², the proposal is well within the height limit. The proposal has been amended to provide more open space in the rear, in an attempt to limit the impact on adjacent properties.

The proposal will have a significant impact on the value of adjacent properties.

Response to comment: The Department is not in possession of evidence to suggest that a change in zoning of this nature has a negative effect on the property values in the surrounding neighbourhood. Property values are based on many factors, which include, but are not limited to, zoning and development potential.

The proposed construction is not an appropriate form of development in this well established neighbourhood of single family. The only large construction in the neighbourhood is the Cuban Embassy itself. All of the residences between Main Street and Echo Drive and up to Clegg Street are single family dwellings.

Response to comment: The policies of the Official Plan encourage a mix and range of housing types in residential neighbourhoods. The addition of this linked-detached house will introduce an additional family and additional pedestrian activity within the neighbourhood. While it is true that no housing of this nature exists at this time, it is the position of the Department that the introduction of the linked-detached housing form is appropriate for the subject property.

There have been statements that a larger building than what is proposed could be built within the existing zoning. Please clarify this.

Response to comment: If the R1 zoning of the property were to be maintained, with no variances or exceptions granted, the property could be developed to a height of 10.7 metres. The development would be required to be 3.0 metres from Mason Terrace, 4.5 metres from Mutchmor Road, 1.2 metres from the property line abutting 118 Mason Terrace, and would be required to maintain 25% of lot depth and 25% of lot area (to a maximum requirement of 7.5 metres) as the rear yard setback. The lot is irregularly shaped, which somewhat complicates the calculation of the rear yard. The appreciable increase that would be permitted without relief from the provisions of the Zoning By-law is the height of 10.7 metres.

104 Mason Terrace is not even close to being suitable for R2. It is not on a major collector road, it is a corner lot of irregular shape and grade and is clearly in an R1 neighbourhood. The lot is too small to accommodate rezoning without substantially impinging on the enjoyment of their properties by immediate neighbours.

Response to comment: The R2 and R3 zones are intended to accommodate low density residential development. These zones are present throughout the former City of Ottawa, and are not restricted to arterial or collector roads. The plans for the proposed linked-detached house have been amended to reduce the impact of the construction on the immediate neighbours.

SUMMARY OF PUBLIC INPUT

In addition to the comments outlined above, a petition was received by Councillor Doucet with over 80 signatures. The text of this petition stated that the signers:

"... strongly object to the rezoning of 104 Mason Terrace from R1 to R2 and to the size and height of the structure being planned for that property. The zoning and size are entirely out of character with the single family neighbourhood in which the property is situated: from Main Street to Echo Drive and to Clegg Street. We are also concerned about the precedent this rezoning may set for the properties in the area."

Response to petition: The petition reflects the comments that have been submitted by individuals, as noted above. The Department’s responses are also noted above.

COUNCILLOR’S COMMENTS

Councillor Doucet is aware of the proposal and of the staff recommendation. Councillor Doucet is supportive of the community position.

COMMUNITY ORGANIZATION COMMENTS

Ottawa East Community Association (OECA)

On Sept. 12th, homeowners from the immediate vicinity of 104 Mason Terrace, including the immediately adjacent property owner, attended our OECA meeting. They outlined the rezoning application submitted for this property with proposed drawings and explained their numerous and significant objections.

Further they presented a petition signed by some 50 nearby residents. The text of this petition stated that the signers:

The OECA agrees with the general neighbourhood objection. The current zoning should be respected. This proposed rezoning is not compatible and should not be recommended for approval.

Response to comments: It is the opinion of the Department that the proposed rezoning is in keeping with the policies of the Official Plan for the General Urban Area, and that the proposal is compatible with the surrounding land uses. It is for these reasons that the Department has recommended approval.