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9.
ZONING - 1000 BROOKFIELD ROAD ZONAGE - 1000, CHEMIN
BROOKFIELD |
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 1000 Brookfield
Road from R3H [847] (Converted House / Townhouse Exception Zone) to R3H [***]
Sch. 246, 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 1000, chemin Brookfield, de R3H
[847] (zone d’exception – Maison / maison en rangée transformée) à R3H [***]
Sch. 246, 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-0196)
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
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
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 1000 Brookfield Road from R3H [847] (Converted House / Townhouse Exception Zone) to R3H [***] Sch. 246, 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 1000, chemin Brookfield, de R3H [847] (zone d’exception – Maison / maison
en rangée transformée) à R3H [***] Sch. 246, 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 re-zone
the lands that are the subject of this submission from I1 (Institutional Zone)
to R3H [847] (Converted House / Townhouse Exception Zone), as well as to rezone
the lands that now have been developed with townhouses, from L1 (Major Open
Space Zone) to R3H [847] (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 Gabrielle-Roy School) to
apartments, or for it to be leased for other school uses. The townhouses have been built, and the
school is currently leased to three private educational tenants.
Through the previously approved Zoning By-law amendment (By-law No. 2002-491), the majority of the permitted institutional uses were removed, leaving only those uses permitted in the R3H zone, with an exception to permit only an “apartment building”; “retirement home”; and “school” within the former school building that has been retained.
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 1000 Brookfield and 149 King George Street (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 re-zoning 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 the 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.
The property, as a result of the 2002 Zoning By-law amendment, is zoned R3H [847], a Converted House/Townhouse Exception Zone. The exception adds the uses “apartment building”, “retirement home”, and “school” to those uses permitted in the R3H zone. The exception limits the number of units in the apartment building to 40, and permits up to 10 parking spaces for the additional permitted uses to be located in the front yard.
This amendment applies only to those lands shown in Area A on Schedule 246. The proposed zoning will recognise the applicability of Schedule 246, and add further additional permitted uses to the property, through the creation of a new exception. The proposed additional permitted uses were all permitted on the property prior to the 2002 rezoning and are as follows:
- Community
centre
- Community
health and social services centre (with a limitation being recommended
that this use is 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
- Training centre limited to job instruction or training associated with a school
A reference in the zoning designation to
Schedule 246 will also be added, as this was overlooked through By-law No.
2002-491.
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 of for a school use.
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:
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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 OP
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, currently 28 parking spaces have been formally established
for the current use of the former School building. Additional informal parking is available on the
recreational area at the rear of the building which could in the future be
established as a formal parking area should there be such a need. Finally, it is noted that a
city park is located adjacent to the site which will allow for institutional
use of the site to contribute to maintaining a community focus centered on the
existing 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 7.0 meters, and will limit the cumulative
gross floor area of the additionally permitted uses to 3 530 square
metres. 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
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
246 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 246 TO BY-LAW 93-98 DOCUMENT
2
DETAILS OF RECOMMENDED ZONING DOCUMENT
3
2.
The R3H [847] zone applying to the property known
municipally as 1000 Brookfield Road, and shown as Area A on Document 1, is rezoned to
a new R3H[***] Sch. 246 exception zone, and the following provisions apply:
Additional
Permitted Uses –
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apartment
-
retirement home
-
school
-
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 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
Provisions
–
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The uses permitted in Column II must be located on
Area A shown on Schedule 246
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Section 37g applies with all necessary modifications
to the uses permitted in Column II
-
Up to 10 parking spaces for the uses permitted in
Column II may be in the front yard
-
An apartment building must not have more than 40
dwelling units
-
The height of a building containing the uses permitted
in Column II must not exceed 7.0 metres
-
The cumulative gross floor area of the uses permitted
in Column II must not exceed 3,530 m2
-
The width of the minimum separation required between a
parking lot and a public street or a residential zone may be reduced to 1.0
metre
-
A loading space is not required.
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
- I personally do not want anything but townhomes at that location and would prefer the zoning to remain as such - hence, no change in zoning to accommodate retirement homes, schools, apartment building etc. I don't feel that our neighbourhood should be commercialized at all.
Response to comment: The zoning at 1000 Brookfield Road currently
permits “apartment
building”; “retirement home”; and “school”. The current application is to
add additional Institutional uses that were permitted before the property (and
Sawmill Private) were re-zoned from Institutional and Major Open Space to Residential
in 2002.
- Parking is always an issue in this area. All of the “permitted institutional uses” will require staff and visitor parking. How will this be addressed?
Response to comment: The Zoning By-law regulates parking based on the gross floor area of uses. In order to accommodate any of the proposed additional permitted uses, a current use within the building at 1000 Brookfield Road would have to be discontinued. It is expected that the parking requirements for the uses in the building can be accommodated on site. There are currently 28 parking spaces on the site, with the possibility of establishing more, if required. One of the benefits of a mixed-use building will be that the uses may operate at different times, avoiding potential parking issues.
- Present zoning restricts height. What will the impact of the new zoning be on allowable building heights?
Response to comment: The height and gross floor area restrictions in the current zoning will be maintained, and expanded to include the additional permitted uses. The height limit is 7.0 metres, and the gross floor area is limited to 3,530 m2.
- With increased pedestrian and vehicular traffic with new zoning, will a traffic study be completed?
Response to comment: A traffic study will not be completed as part of the Zoning By-law amendment application. There will be no substantial increase in traffic generation as a result of the proposed rezoning. The proposed zoning would continue to permit the current uses (school) with added institutional facilities.
- If any changes to 1000 Brookfield (the building) are restricted to its current volume and footprint, there should not be a sightline problem in the neighbourhood. But, because we on Sawmill Private are at risk of considerable noise and disruptions if some new version of rail transit is planned for the Airport Parkway corridor immediately to the west, any sight and noise incursions from the Brookfield side would certainly not be welcome.
Response to comment: The exception provisions, as noted above, limit the height of the proposed additional permitted uses to 7.0 metres. In order to establish any other use, a Zoning By-law Amendment would be required.
- If there are no restrictions on the placement of methadone clinics or other associated types of substance abuse community health centres, site plan control will not prevent the implementation of such, either as the only use of the 1000 Brookfield structure or in combination with existing or future schools.
Response to comment: The community and social service centre use has been limited not to include a methadone clinic, supervised heroin injection site, probation or parole services.
- Allowing other uses to occupy a portion of the building may increase the security risk to the school. It would be paradoxical to have an organization such as a school, where employees might be required to have a background check, situated in the same structure as another tenant exploiting another allowed use, albeit where employees and visitors would not be subject to such verification.
Response to comment: The I1 (Minor Institutional) Zone permits a variety of uses without restricting their location within a building. The tenants who choose to locate within a building are responsible to ensure that their use can be carried on in a safe and secure manner.
- The setbacks specified in By-law No. 2002-491 were intended for a school use only. These setbacks may be inadequate for many of the former institutional uses, and thus cause chronic annoyance issues with the residents along Sawmill Private.
Response to comment: By-law 2002-491 did not include specific setbacks related to the school use. It required only the uses in Area B to respect the minimum yards provided in Schedule 246.
- Adjacent property values may be affected by the unpredictable nature of what might be implemented at any time in the future due to too many allowed uses. An important part of planning and zoning activities is to define as well as limit the number of uses for any single property in order to allow a certain level of certainty to surrounding property owners.