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3. zoning - 210-290 Centrum boulevard zonage - 210-290, boulevard centrum |
Committee recommendation
That Council approve an amendment to the former City of
Cumberland Urban Zoning By-law to change the CTC zone provisions to permit
apartment dwellings under specific circumstances, as detailed in Document 2.
Recommandation du Comité
Que le Conseil approuve une modification au Règlement de zonage urbain de l’ancienne Ville de Cumberland en vue de changer les dispositions de la zone CTC afin de permettre l’aménagement d’immeubles résidentiels dans des circonstances précises, tel qu’il est expliqué en détail dans le document 2.
Documentation
1. Deputy City Manager's report (Planning
and Growth Management) report dated 16 November 2006 (ACS2006-PGM-APR-0224).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
16 November 2006 / le 16 novembre 2006
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/
Directrice municipale adjointe,
Planning and Growth Management / Urbanisme et
Gestion de la croissance
Contact Person/Personne ressource : Karen Currie,
Manager / Gestionnaire, Development Approvals / Approbation des demandes
d'aménagement
(613) 580-2424, 28310 Karen.Currie@ottawa.ca
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SUBJECT: |
ZONING - 210-290 CENTRUM BOULEVARD
(FILE NO. d02-02-06-0122) |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve an amendment to the former City of Cumberland Urban Zoning By-law to change the CTC zone provisions to permit apartment dwellings under specific circumstances, as detailed in Document 2.
RECOMMANDATION DU
RAPPORT
Que Comité de l'urbanisme et de l'environnement
recommande au Conseil d’approuver une modification au Règlement de zonage
urbain de l’ancienne Ville de Cumberland en vue de changer les dispositions de
la zone CTC afin de permettre l’aménagement d’immeubles résidentiels dans des
circonstances précises, tel qu’il est expliqué en détail dans le document 2.
BACKGROUND
The Department initiated this “housekeeping” Zoning By-law amendment to rectify an ambiguous provision of the Cumberland Urban Zoning By-law that pertains to the permission of apartment dwellings within the commercial sector of the Orléans Town Centre.
The subject amendment affects several properties situated within the Town Centre along the north and south sides of Centrum Boulevard, between Place d'Orléans Drive and the existing residential developments. The subject lands comprise all of the existing retail, institutional and office developments fronting onto Centrum Boulevard within the established Town Centre east of Place d’Orléans Drive, and also include the vacant parcels of land east and west of the YM/YWCA and Orléans Client Service Centre (CSC), respectively, and immediately east of Prestone Drive. Document 1 identifies the subject lands.
The subject lands are currently zoned "Commercial Town Centre" (CTC), which permits a wide range of commercial, institutional and office uses, including an apartment dwelling as an accessory use to a main permitted use. The proposed minor amendment simply removes the ambiguity surrounding the apartment dwelling use in the CTC zone and clarifies the initial intent of the By-law. Through this amendment, an apartment dwelling will be recognized as a permitted main use provided it is co-located above and/or abutting permitted commercial uses contained within the same building.
DISCUSSION
The
Official Plan designates the subject lands as “Mixed Use Centre”, which is the
designation applied to select areas throughout the city that are strategically
located along the rapid-transit network, and that are, or are intended to be,
high-density focal points of activity containing a wide range of uses,
including offices, institutions, entertainment uses, retail and service uses,
and medium and high-density residential uses.
The Plan also identifies the subject lands as the “Town Centre” of the Orléans
community, where an employment target of 10000 jobs is to be achieved.
Volume 2B of the Plan also sets out
site-specific policies for the development of the Orléans Town Centre. The subject lands, which are designated
“Major Commercial” under these policies, are intended to be the main focus of
business and community activity in high density concentrations of retail,
office and service commercial, institutional, and social-oriented uses. Residential uses, particularly senior
citizen apartments, also are allowed in the Major Commercial designation
provided they are developed in conjunction with, and are subordinate to, office
and/or commercial uses. The intent of
this residential use restriction is to maintain the potential to achieve the
employment objectives of the Plan for the Major Commercial designation.
The former City of Cumberland Zoning By-law zones the subject lands as "Commercial Town Centre" (CTC), which permits a wide range of commercial, institutional and office uses. The By-law also permits an apartment dwelling use in the CTC zone provided it is “accessory” to any of the main permitted uses. However, because the apartment dwelling use is expressed as an accessory use, which is a defined term in the By-law, the apartment use therefore is subject to any and all provisions specific to accessory uses. Those provisions restrict any accessory building or use to a maximum height and lot coverage of only 4.5 metres and 10 per cent, respectively. Clearly, it was never the intent of the By-law to subject an accessory apartment dwelling use in the CTC to such restrictions.
To remedy this unintentional
interpretation of the By-law, it is proposed that the permitted uses and
provisions of the CTC zone be amended to permit an apartment dwelling provided
that it is co-located above or abutting primary ground- and street-oriented
commercial uses. In addition, any
apartment dwelling fronting onto a public street would be required to have its
ground floor primarily devoted to street-oriented commercial uses. Any existing reference in the text to an
apartment dwelling as an “accessory” use would be removed. These changes would be sufficient to remove
the current ambiguity and clarify the original intent of the By-law respecting
apartment dwellings in the CTC zone.
Analysis of Proposed Amendment
The proposed minor amendment was evaluated in terms of its conformity with the objectives of the above relevant policies of the Official Plan. In this regard, the proposed minor amendment does not result in an expansion of the uses currently permitted in the CTC zone, but, rather, simply restates with more clarity the original intent of the Zoning By-law respecting an apartment dwelling use in the CTC zone. Therefore, the proposed amendment continues to respect the relevant policies of the Official Plan.
Staff support the proposed
City-initiated amendment and recommend that it be approved.
CONSULTATION
Notice of this application was carried out in
accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and
the staff recommendation. The City did
not receive any negative comments or opposition to this application.
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 Details
of Recommended Zoning
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify OttawaScene.com,
174 Colonnade Road, Unit #33, Ottawa, ON, K2E 7J5, and 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
The proposed zoning amendment affects Section 7.12, “Commercial Town Centre” (CTC) Zone, of former City of Cumberland By-law 1-84, as amended. The proposed changes are outlined below.
1. Paragraph (a), “Permitted Uses”, is changed by replacing “Apartment Dwelling accessory to a permitted CTC use” with “Apartment Dwelling in accordance with Subsection 7.12(c)”.
2. Paragraph (c) is amended by deleting it in its entirety and replacing it with the following new paragraph, or one having the same effect.
“(c) Apartment Dwelling:
i) An apartment dwelling use is permitted anywhere in the CTC zone designated on Schedule “B” provided it is co-located above a ground floor that is devoted primarily to commercial uses. An apartment dwelling use also may be permitted immediately adjacent to commercial uses provided both the residential and commercial uses form the whole, or part, of an integral development, and provided the floor area devoted to such commercial uses is equal to or greater than the total ground floor area of the integral development. For the purposes of this paragraph, “integral development” shall mean two or more buildings that are developed under a single site plan agreement, and that are physically and functionally linked to enable unrestricted internal pedestrian movement within an environmentally controlled common ground floor space.
ii) When locating an apartment dwelling use above or adjacent to permitted commercial uses in accordance with Paragraph i), above, the ground floor of the integral development that fronts or flanks a public street, or streets, shall be primarily devoted to street-oriented commercial uses that address, and are accessible from, such street(s).
iii) Any apartment dwelling use provided in accordance with Paragraph i), above, is permitted to a maximum of 200 dwelling units.”