10.          ZONING - 149 KING GEORGE STREET

 

ZONAGE - 149, RUE KING GEORGE

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 149 King George Street from R3H [843] Sch. 244 (Converted House / Townhouse Exception Zone) to R3H [***] Sch. 244, as shown on Document 1 and as detailed in Document 3.

 

 

Recommandation du Comité

 

(Cette demande est assujettie au Règlement 51)

 

Que le Conseil approuve une modification au Règlement de zonage de l’ancienne Ville d’Ottawa visant à faire passer la désignation de zonage de la propriété située au 149, rue King George, de R3H [843] Sch. 244 (Zone d’exception – maison / maison en rangée transformée), à R3H  [***] Sch. 244, comme l’illustre le document 1 et le précise le document 3.

 

 

Documentation

 

1.      Deputy City Manager's report Planning, Transit and the Environment dated 15 November 2007 (ACS2007-PTE-APR-0195).

 

Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

15 November 2007 / le 15 novembre 2007

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Planning, Transit and the Environment

Urbanisme, Transport en commun et Environnement

 

Contact Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire, Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424, 13242  Grant.Lindsay@ottawa.ca

 

Rideau-Rockcliffe (13)

Ref N°: ACS2007-PTE-APR-0195

 

 

SUBJECT:

ZONING - 149 king george street (FILE NO. D02-02-07-0091)

 

 

OBJET :

ZONAGE - 149, rue king george

 

 

REPORT RECOMMENDATION

 

That the  recommend Council approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 149 King George Street from R3H [843] Sch. 244 (Converted House / Townhouse Exception Zone) to R3H [***] Sch. 244, as shown on Document 1 and as 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 de zonage de l’ancienne Ville d’Ottawa visant à faire passer la désignation de zonage de la propriété située au 149, rue King George, de R3H [843] Sch. 244 (Zone d’exception – maison / maison en rangée transformée), à R3H  [***] Sch. 244, comme l’illustre le document 1 et le précise le document 3.

 

 

BACKGROUND

 

In 2002, an application for a Zoning By-law amendment regarding the subject lands, and lands adjacent, was filed by Campanale Homes. 


The purpose of the Zoning By-law amendment application was to rezone the lands that are the subject of this application, as well as the lands that have now been developed with townhouses, from I1 (Minor Institutional Zone) to R3H [843] Sch. 244 (Converted House / Townhouse Exception Zone).

 

The aim of the 2002 application was to allow for the building of townhouses on the former school grounds, and for the conversion of the school building (formerly the Overbrook School) to apartments.  The townhouses have been built, and the school is currently leased to a private educational tenant.  This use enjoys a legal non-conforming right to continue under the current zoning.

 

Through the previously approved Zoning By-law amendment (By-law No. 2002-329), the permitted institutional uses were removed, leaving only those uses permitted in the R3H zone, with an exception to permit “apartment building” within a specific area identified on Schedule 44 as Area B which is the area where the former school building is located.

 

Purpose of Zoning Amendment

 

As part of the public comments concerning the Draft Comprehensive Zoning By-law, Campanale Homes contacted City staff regarding its property at 149 King George and 1000 Brookfield (which previously was a school, was rezoned to allow residential development with the original school building retained and now has been developed as permitted by the zoning established), indicating a desire to re-instate the institutional uses that had been permitted prior to the 2002 rezoning for both properties.  In this regard, Campanale Homes had received interest from various groups to locate their uses, many of which are institutional in nature, within the former school buildings and therefore have not proceeded with their original plans to convert these buildings to residential use. 

 

Campanale Homes further made comments at the June 8, 2007 public hearing concerning the new Zoning By-law, asking formally through the public comment on the new Zoning By-law that the previously permitted Institutional uses be reinstated.  Following the June 8, 2007 Planning and Environment Committee Meeting, staff introduced into the draft Zoning By-law an exception to reinstate as permitted uses the institutional uses permitted under the previous institutional zoning for a temporary three-year period to allow for interim uses of the school buildings until uses permitted by the residential zones could be established.  Subsequently, and in discussion with Campanale Homes, staff agreed to initiate site-specific zoning changes for the two sites. This decision recognized that there is merit in considering having some institutional uses being permitted to occupy the sites and that such allowance was supported by the Official Plan.  Processing a site specific rezoning further recognizes a need to assess each potential situation on a case-by-case basis in the context of the compatibility considerations set out in the Official Plan given that the vacant portions of the site have been developed.  Should Committee and Council approve the zoning change recommended in this submission, the temporary use provisions included in the draft new Zoning By-law approved by Planning and Environment Committee in October 2007 will be replaced with exception provisions to allow the uses recommended to be additional permitted uses, rather than temporary uses.

 

Existing Zoning

 

The property, as a result of the 2002 Zoning By-law amendment, is zoned R3H [843] Sch. 244, a Converted House/Townhouse Exception Zone.  The exception adds the use “apartment building” to those uses permitted in the R3H zone. 

 

The exception limits the number of units in the apartment building to 21, provides specific performance standards relating to the then proposed (and now constructed) townhouses, and regulates the location of parking for the proposed apartment building that was to be accommodated within the former school building.

 

Proposed Zoning

 

This amendment applies only to those lands shown in Areas B and C on Schedule 244.  The proposed zoning will add further additional permitted uses to the property, through the creation of a new exception.  The proposed additional permitted uses, all of which were permitted on the property prior to the 2002 rezoning, are as follows:

 

 

DISCUSSION

 

As noted in the background discussion, Section 2.5.1 of the Official Plan provides direction, where a school is identified by a school board as a candidate for closure, for the City to work with the school boards, the community, the private sector and other interested parties to investigate means to retain the school building for public purposes and the school ground for open space, either in whole or in part. This rezoning has been initiated by staff to assess the appropriateness of re-establishing as permitted uses all those use that were previously permitted to provide an ability for continued use of the existing school building for public and/or community-type uses. While this assessment is occurring after the site had been disposed of, the thrust of the initiative is consistent with the objectives expressed in Section 2.5.1 to maintain opportunities for community type uses to continue to utilize former school buildings. 


 

Prior to the closure and sale of the school by the OBE in 2002 and the subsequent rezoning of the property to allow residential development, the previous institutional zoning allowed all those uses proposed to be re-established as permitted uses. These uses were seen as appropriate for the property prior to its redevelopment.  The uses that are currently permitted for the site were determined through the 2002 rezoning to be appropriate for site to allow for residential use of the then undeveloped lands that previously provided parking and playing fields for the former school use and to allow for adaptive re-use of the original school building for residential uses. 

 

Given that much of the property has now been developed as was provided for under the 2002 rezoning, conditions on the site have changed which could limit potential institutional uses.  Specifically, uses that require outdoor amenity areas such as play fields or extensive parking beyond what has been retained to support the uses permitted for the former school building may no longer be able to be supported.  Also, there is potential for other impacts for certain institutional uses that may now be experienced due to the residential community having been extended onto the former school site.  The Official Plan in Section 2.5.1 and 4.11 requires that any proposal to introduce uses that currently are not permitted (or in this case to re-establish those uses previously permitted where site conditions have changed) that such proposals be assessed relative to their compatibility with the area and with consideration to potential undue adverse impacts that could result. All the uses previously permitted have been assessed in the context of these policy directives and staff have concluded that they continue to be appropriate for the site and can be accommodated within the former school building.  

 

The uses proposed to be re-established as permitted uses include the following:

-         Community center

-         community health and social services centre (not to include a methadone clinic, supervised heroin injection site, probation or parole services)

-         cultural, social and counseling centre

-         day care

-         library

-         office, limited to municipal services

-         museum

-         place of worship

-         training centre, limited to job instruction or training associated with a school

 

These uses, as evidenced by them being permitted previously prior to the 2002 rezoning are appropriately located within the 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.  This is intended to facilitate the development of complete and sustainable communities.

 

Consistent with the broad overall direction for General Urban Areas to accommodate a variety of uses to support the establishment of complete communities, specific direction is provided to permit and encourage the provision of a variety of small locally oriented convenience and service use that compliment adjacent residential areas to locate within residential communities. 


Policies in Section 4.11 further direct that uses intended to contribute to supporting neighborhood services be of a scale appropriate to the needs and character of the area.  Section 4.11 also sets out policies to provide for having adequate parking available to support uses so as to not unduly impact adjacent areas. 

 

All of the uses being recommend to be re-established as permitted uses are considered suited and appropriate for the site both in the context of the policy directives of the Official Plan for general urban areas and in the context of the site conditions that now exist. The recommended uses are all considered uses that can provide services to the surrounding community or that can co-exist within a residential context. 

 

In this regard due to the limitations established by locating within an existing building with a defined area for parking, any use to be accommodated could only be established at a scale that can be supported on the site to ensure that it will be at a scale compatible with the area.  With respect to parking specifically, there currently are 23 parking spaces on site.  The current use has allocated five of these spaces to staff, and the remaining 18 to visitors.  In the case of special events, additional temporary parking is located on the site.  In the event that the uses in the building change, additional parking could be formally established in a portion of the playground area.  This area could in the future be established as a formal parking area should there be such a need.  Finally, it is noted that the Overbrook Community Center and associated park is located across from the site on the east side of Quill Street.  This allows for institutional use of the site to contribute to maintaining a community focus centered on the existing community center and park and the former school building where various community and/or institutional uses complimentary to one another could locate

 

Zoning Details

 

It is recommended that the previously permitted institutional uses be re-instated as permitted uses for the property through an R3H exception zone.  The exception will detail the specific uses that will be permitted and will include specific provisions limiting the extent of those uses.  It will limit the height of a building containing the proposed additionally permitted uses to 11.0 meters.  These limitations in effect provide for the institutional uses to be located within the former school building that has been retained with the available parking serving to limit further the intensity of specific uses that could be accommodated to ensure that no undue adverse impact will result for the adjacent community.

 

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.

 

Details of the comments received, and staff responses, are included in Document 4.

 

FINANCIAL IMPLICATIONS

 

N/A

 

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      Schedule 244 to Zoning By-law 93-98

Document 3      Details of Recommended Zoning

Document 4      Consultation Details

 

DISPOSITION

 

City Clerk’s Branch, Council and Committee Services to notify the owner, 2022768 ONTARIO INC. c/o Campanale Homes, 200-1187 Bank Street, Ottawa, ON K1S 3X7; Attn: Rocco Campanale, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON  K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.

 

Planning, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

 

Legal Services Branch to forward the implementing by-law to City Council.

LOCATION MAP                                                                                                  DOCUMENT 1

 

SCHEDULE 244 TO BY-LAW 93-98                                                                    DOCUMENT 2

 


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 3

 

2.        The lands illustrated on Document 1 shown as Areas B and C, Schedule 244 of By-law 93-98, zoned R3H [843] Sch. 244 and known municipally as 149 King George Street, will be rezoned to a new R3H[***] Sch. 244 exception zone, and will be subject to the following:

 

Notwithstanding anything to the contrary in By-law 93-98, for the lands shown as Areas B and C on Schedule 244, zoned R3H[***] Sch.244, the following applies:

 

Additional Permitted Uses –

Within area B of Schedule 244

-         apartment

-         community centre

-         community health and social services centre (not to include a methadone clinic, supervised heroin injection site, probation or parole services)

-         cultural, social and counselling centre

-         day care

-         library

-         office, limited to municipal services

-         museum

-         place of worship

-         retirement home

-         school

-         training centre, limited to job instruction or training associated with a school

 

Provisions –

 

-         The maximum number of units in an apartment building is 21

-         The minimum required landscape buffer between a parking lot and a street is 2.0 metres

-         The minimum width of an interior side yard for a building containing the uses permitted in Column II is 4.5 metres

-         The maximum building height for a building containing the uses permitted in Column II is 11.0 metres

-         Within Area “C” of Schedule 244, parking for the uses permitted in Column II is permitted within a required front yard and a required corner side yard

-         The minimum front yard setback is 5.5 metres

-         Section 37g also applies to buildings containing the uses permitted in Column II

 

 

3.        As a new exception has been created for Areas B and C on Schedule 244, for the lands zoned R3H [843] Sch. 244, the text of exception [843] is amended by removing all reference to the additional permitted use and provisions relating to Areas B and C on Schedule 244, the result of which will be as follows:

 

843

 

 

- the minimum lot width for a severed townhouse is 5.4 metres for a maximum of four townhouse dwelling units

- the minimum front yard setback is 5.5 metres

- the minimum front yard setback for a severed townhouse is 4.5 metres

- the minimum driveway length leading to a required parking space for a severed townhouse is 5 metres

- the minimum rear yard setback for a severed townhouse is 4.5 metres

- the minimum lot area for a severed townhouse is 135.0 square metres within Area “D” of Schedule 244

- Section 37g also applies to townhouses

 

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

 

 

Response to comment:  None required.

 

 

 

 

 

Response to comments:  These objections have been noted.  The Zoning By-law does not distinguish between a school that is privately owned and one that is owned and operated by a School Board.  The addition of the requested institutional uses will contribute to the neighbourhood by allowing uses that could serve the community to locate in this formerly public building.

 

 

 

Response to comment:  The Department notes that this comment has been concurred with through an informal poll of the Board Members of the Overbrook Community Council.

 

While it is for Council to determine the appropriateness of a use, it is for the Owner to satisfy himself regarding the practicality and viability of each use.  The Owner has chosen to request a variety of uses at this time.  The uses were permitted prior to the 2002 Zoning By-law amendment, and are appropriately located in a residential neighbourhood.  

 

 

 

 

Response to comments:  The proposed amendment does not involve the addition of any residential uses, and no plans to propose affordable housing have been brought forward. 

 

Affordable and appropriate housing for all residents is a fundamental building block of a healthy, liveable community.  The Official Plan encourages the production of affordable housing in new residential development and redevelopment to meet an annual target of 25%. 

 

The Zoning By-law does not regulate the tenure (rental v. ownership) of a housing development.

 

 

 

 

 

Response to comments:  The community and social service centre use has been limited not to include a methadone clinic, supervised heroin injection site, probation or parole services.  The definition associated with this use does not permit overnight care or living accommodation.

 

 

Response to comment:  No new construction is proposed as a part of this proposal.  The purpose of the amendment is to permit the existing building to be leased for a variety of institutional uses, not to increase the number of dwelling units on the site. 

 

 

SUMMARY OF PUBLIC INPUT

In addition to the comments noted above, e-mail inquiries requesting clarification of the proposed additional uses, as well as concerning the intent of the 2002 rezoning and the fact that the current application was City initiated were received.  Clarification was provided and no further comments resulted.

 

COUNCILLOR’S COMMENTS

Councillor Legendre is aware of the proposal, and is comfortable with the requested Zoning By-law amendment, subject to the approval of the proposed restriction of the uses permitted at the Community and Social Services Centre.