6. ZONING - 272 AND 274 BRADLEY AVENUE

ZONAGE - 272 ET 274, AVENUE BRADLEY

Committee recommendationS AS AMENDED

(This application is subject to Bill 51)

That Council approve:

1. An amendment to By-law 2008-250 to:

a. Amend the R4E [1489] – Residential Fourth Density Zone applying to 272 Bradley Avenue to add a further exception as detailed in Document 2, and

b. Change the zoning of 274 Bradley Avenue from R4E – Residential Fourth Density Zone to TM3[xxxx] H(42) – Traditional Mainstreet Zone with exceptions, as shown in Document 1 and detailed in Document 2.

2. An amendment to the former City of Vanier Zoning By-law 2380, to:

a. Change the zoning of 272 Bradley Avenue from R4 - Residential Mixed Zone to R4 - Residential Mixed Zone with exceptions to permit day care centre, as shown in Document 1 and detailed in Document 2, and

b. Change the zoning of 274 Bradley Avenue from R4 - Residential Mixed Zone to C2/C - Downtown Commercial Zone with exceptions to permit office, as shown in Document 1 and detailed in Document 2.

3. That Document 2 be modified for both the Comprehensive Zoning By-law 2008-250 and the former Vanier Zoning By-law 2380 to clarify that an office use at 274 Bradley can occupy the entire building limited to a total gross floor area of 200 square metres.

RecommandationS modifiÉeS du Comité

(Cette demande est assujettie au Règlement 51)

Que le Conseil approuve:

1. une modification au nouveau Règlement de zonage général 2008-250 afin :

a. de modifier la Zone résidentielle de densité 4 – R4E [1489] qui s’applique au 272, avenue Bradley en vue d’ajouter une autre exception, comme il est expliqué en détail dans le Document 2 ;

b. de changer le zonage du 274, avenue Bradley de Zone résidentielle de densité 4 – R4E [1489] à Zone de rue principale traditionnelle assortie d’exceptions – TM3[xxxx] H(42), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

2. une modification au Règlement de zonage 2380 de l’ancienne Ville de Vanier afin :

a. de changer le zonage du 272, avenue Bradley de R4 – Zone résidentielle mixte à R4 – Zone résidentielle mixte assortie d’exceptions en vue de permettre une garderie, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2 ;

b. de changer le zonage du 274, avenue Bradley de R4 – Zone résidentielle mixte à C2/C – Zone commerciale de centre-ville assortie d’exceptions en vue de permettre des bureaux, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

3. que le Document 2 soit modifié pour le Règlement de zonage général 2008-250 et le Règlement de zonage 2380 de l’ancienne Ville de Vanier afin de préciser clairement que la propriété située au 274, avenue Bradley, qui comprend une superficie brute totale de 200 mètres carrés, est désignée à des fins d’usage de bureaux dans son ensemble.

Documentation

1. Deputy City Manager, Planning, Transit and the Environment report dated 23 July 2008 (ACS2008-PTE-PLA-0152).

2. Extract of Draft Minutes, 18 August 2008.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

23 July 2008 / le 23 juillet 2008

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,

Planning Branch/Direction de l’urbanisme

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

Rideau-Vanier (12)

Ref N°: ACS2008-PTE-PLA-0152

SUBJECT:	ZONING - 272 and 274 Bradley Avenue (FILE NO. D02-02-08-0056)

OBJET :	ZONAGE - 272 et 274, avenue Bradley

REPORT RECOMMENDATIONS

1. That the recommend Council approve an amendment to By-law 2008-250 to:

a. Amend the R4E [1489] – Residential Fourth Density Zone applying to 272 Bradley Avenue to add a further exception as detailed in Document 2, and

2. That the Planning and Environment Committee recommend Council approve an amendment to the former City of Vanier Zoning By-law 2380, to:

b. Change the zoning of 274 Bradley Avenue from R4 - Residential Mixed Zone to C2/C - Downtown Commercial Zone with exceptions to permit office, as shown in Document 1 and detailed in Document 2.

RECOMMANDATIONS DU RAPPORT

1. Que le Comité de recommande au Conseil d’approuver une modification au nouveau Règlement de zonage général 2008-250 afin :

b. changer le zonage du 274, avenue Bradley de Zone résidentielle de densité 4 – R4E [1489] à Zone de rue principale traditionnelle assortie d’exceptions – TM3[xxxx] H(42), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

2. Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver une modification au Règlement de zonage 2380 de l’ancienne Ville de Vanier afin :

BACKGROUND

The subject properties are known municipally as 272 and 274 Bradley Avenue and are located on the west side of Bradley Avenue, one lot north of the intersection of Bradley Avenue and Montreal Road, in the former City of Vanier. The properties are currently each occupied by a two-storey detached house on lots measuring approximately 166.0 square metres each in area. The surrounding lands comprise of a mixture of detached, semi-detached, duplex and triplex dwellings to the north, a parking lot across the street to the east, and commercial uses along both sides of Montreal Road to the south.

Purpose of Zoning Amendment

The owner of the subject properties, also own and operate a community health and resource centre located at 297 Montreal Road. The rear lot lines of each property (272 and 274 Bradley Avenue/297 Montreal Road) are contiguous and a concrete stairway connects the properties of 274 Bradley Avenue and 297 Montreal Road.

The owner would like to retain the existing building at 272 Bradley Avenue for the purpose of operating a homework club for aboriginal children. As for the property at 274 Bradley Avenue, the owner wishes to use the house to provide additional office space for some of the staff of The Wabano Centre for Aboriginal Health located at 297 Montreal Road.

Existing Zoning

Under Zoning By-law Number 2008-250 of the City of Ottawa, 272 and 274 Bradley Avenue are zoned R4E - Residential Fourth Density Zone and permits such uses as low rise apartment building, detached dwelling, diplomatic mission, semi-detached dwelling, duplex dwelling, three-unit dwelling, group home, home-based business, and home-based day care. The suffix E indicates that it is a subzone that prohibits a retirement home and a rooming house and that certain residential uses are subject to specific performance standards. The property at 272 Bradley Avenue has an exception (exception [1489]) that permits the additional land use of community health and resource centre subject to a maximum height limit of 9.0 metres to the building and maximum lot coverage of 30 per cent of the lot area.

Under Zoning By-law No. 2380 of the former City of Vanier, 272 and 274 Bradley Avenue are zoned Residential Mixed Zone “R4” and permits such uses as single detached dwelling house, semi-detached dwelling house, duplex dwelling house, triplex dwelling house, row dwelling house, apartment dwelling house, group home, home occupation, day care centre, nursery school, senior drop-in centre and a school. For the residential and non-residential uses, the maximum building height can be up to 9.0 metres (three storeys). For non-residential uses, performance standards such as minimum front yard of 7.5 metres, minimum rear yard of 9.0 metres, minimum interior side yard of 6.0 metres, and a minimum landscape open space of 35 per cent of the lot area are applicable.

Proposed Zoning

Zoning By-law Number 2008-250 of the City of Ottawa

The homework club, proposed for 272 Bradley Avenue, falls under the term community health and resource centre, which is already a permitted use by exception in the R4E zone, but is subject to the performance standards listed above for non-residential uses. The requested amendment to the R4E [1489] zone to permit the use of community health and resource centre is to increase the maximum lot coverage to 52 per cent of the lot area in order to accommodate the use in the existing structure.

As for 274 Bradley Avenue, the proposed office use is not permitted under the current R4E zoning. It is proposed to rezone the property from R4E to TM3 H(42) to match the zoning of the property at 297 Montreal Road (Wabano) and of the other properties located along Montreal Road. The TM3 H(42) zone is a Traditional Mainstreet Zone that permits a wide range of commercial uses including retail store, eating establishment and office. This zone also permits some residential uses including apartment dwelling, retirement home and rooming house. The suffix 3 is intended to refer to a subzone that also permits additional uses such as amusement centre, cinema, funeral home, hotel, museum, place of assembly and theatre. Dwelling unit and rooming unit are the only residential uses permitted subject to being in a building containing one or more of the permitted non-residential uses. The requested exceptions to the proposed TM3 H(42) commercial zone to permit an office use in the existing structure and having a maximum gross floor area of 200 square metres include:

Reducing the minimum permitted interior side yard to 0.30 metres;
Reducing the minimum interior side yard to 0.30 metres;
Reducing the minimum building height to 7.3 metres;
Eliminating the required minimum landscaped area;
Permitting a chimney or chimney box to project within 0.3 metres of a side lot line;
Reducing the minimum parking requirement to one parking space.

Zoning By-law No. 2380 of the former City of Vanier

The homework club, proposed for 272 Bradley Avenue, falls under the term day care centre, which is a permitted non-residential use in the R4 zone, but is subject to the performance standards previously noted for non-residential uses. The existing residential building is to be kept and is providing a front yard of 3.69 metres, rear yard of 4.26 metres, interior side yard of 0.22 metres on the south side and 1.06 metres on the north side, and 28 per cent of landscape open space. One parking space is provided and 4 are required. Exceptions for the yards and parking are required to the existing R4 zone to bring the existing building in conformity with the existing zone in order to permit the establishment of a day care centre. The requested exceptions to the R4 zone to permit the use of day care centre include:

· Reducing the front yard to 3.69 metres;

· Reducing the rear yard depth to 4.26 metres;

· Reducing the interior side yard to 0.22 metres on the south side and 1.06 metres on the north side;

· Increasing the maximum permitted lot coverage to 52 per cent;

· Reducing the minimum permitted landscaped open space to 28 per cent;

· Permitting the steps to project to the lot line in a front yard;

Allowing the minimum parking requirement to be one parking space for the day care centre use.

As for 274 Bradley Avenue, the proposed office use is not permitted under the current R4 zoning. It is proposed to rezone the property from R4 to C2/C to match the zoning of the property at 297 Montreal Road (Wabano) and of the other properties located along Montreal Road. The C2 zone is a Downtown Commercial Zone that permits a wide range of commercial uses including retail store, eating establishment and office. The suffix C is intended to refer to zoning provisions generally applicable to areas of low intensity development in the Downtown Commercial Zone.

The existing residential building is to be kept and exceptions for the yards and parking are required to bring the existing building in conformity with the proposed commercial zone in order to permit the establishment of an office use. The requested exceptions to the proposed commercial zone to permit an office use having a maximum gross floor area of 200 square metres include:

· Increasing the maximum permitted floor space index (F.S.I.) from 1.0 to 1.2;

Reducing the minimum permitted front yard to 1.94 metres;
Reducing the minimum permitted rear yard to 0.60 metres;
Reducing the minimum permitted interior side yard to 0.30 metres;

· Reducing the minimum parking requirement to one parking space.

DISCUSSION

Official Plan

The Official Plan designates the property at 272 Bradley Avenue as General Urban Area. Lands with this designation are to contain a full range of housing types and tenures to meet the needs of the population, along with conveniently located commercial uses. The policies in the General Urban Area indicate that when considering a proposal for employment, service, retail uses, cultural, leisure, entertainment and institutional uses, the evaluation of the development application undertaken by the City shall be in accordance with Section 2.5.1 and Section 4.11.

The Official Plan designates the property at 274 Bradley Avenue as Traditional Mainstreet. Lands designated Traditional Mainstreet are intended to become linear mixed-use focal areas allowing for a more dense and urban form of development, while building sensitively on existing neighbourhoods and supporting pedestrian activity. The review of planning applications for developments along Traditional Mainstreets also requires consideration be given to Section 2.5.1 and Section 4.11 of the Official Plan.

Section 2.5.1 of the Official Plan recognizes that introducing new development in existing areas requires a sensitive approach to differences between the new development and the established area and that allowing for some flexibility and variation that complements the character of existing communities is central to successful intensification. Section 2.5.1 further recognizes that compatible development does not necessarily mean the same or similar to existing development, but that compatible development can be achieved that enhances an established community and co-exists without causing undue adverse impact. The design objectives and criteria set out in Section 2.5.1 make reference to Annex 3, which while not part of the Plan, sets out a number of design considerations that support providing for development that fits and works well.

Section 4.11, in setting out the more traditional planning considerations to be assessed in reviewing development proposals, provides a context for the policies that are to be considered. Of particular note is the recognition that intensification can occur virtually anywhere and achieve the Plan’s strategic directions. More intense development than that permitted by the current zoning, is supported subject to the compatibility of the proposed development being considered as set out under section 4.11.

Section 4.11 further notes that the measures of compatibility will vary depending on the use and planning context for a proposed development and that in any given situation, certain criteria may not apply and/or may be weighted differently on the basis of site circumstances.

The subject rezoning application has been assessed relative to the considerations set out in Section 2.5.1 and Section 4.11 and is consistent with the policy directives. The proposed change in land uses for the subject sites represents an appropriate location on the periphery of the residential neighbourhood.

The requested Zoning By-law amendments for 272 Bradley Avenue are to permit the conversion of a two-storey single detached dwelling house to homework club for Wabano. The land uses of day care centre and community health and resource centre is already permitted in both the former City of Vanier and Zoning By-law 2008-250, but exceptions to the performance standards are required to permit the uses. The property at 272 Bradley Avenue is a compatible development and further acts as a buffer between the proposed new commercial lands at 274 Bradley Avenue and the residential lands to the north. The proposed reduction in parking spaces is limited to the day care centre and community health and resource centre uses only. The parking is readily available on the abutting property where a concrete stairway connects the properties of 274 Bradley Avenue and 297 Montreal Road.

The requested Zoning By-law amendments for 274 Bradley Avenue are to permit the conversion of a two-storey single detached dwelling house for office use for additional space for The Wabano Centre for Aboriginal Health (Wabano). The requested change to the zoning of the site is firstly to change the existing zoning to match the zoning of the property at 297 Montreal Road (Wabano) and of the other properties located along Montreal Road, and secondly to permit exceptions to gross floor area, lot area, lot frontage, building yard setbacks and parking. The exceptions are required due to the reuse of the existing two-storey building. The property at 274 Bradley Avenue is an ideal property to rezone to permit the wide range of commercial uses, not only for its alignment with the existing commercial zone along Montreal Road, but for possible future land assembly purposes with surrounding lands to create more developable lands and to better achieve the Plan’s objectives for Traditional Mainstreet. The proposed reduction in parking spaces is limited to the office use only having a maximum gross floor area of 200 square metres. The parking is readily available on the abutting property where a concrete stairway connects the properties of 274 Bradley Avenue and 297 Montreal Road.

The policies for water and wastewater servicing require that there be a reliable water supply and safe wastewater disposal available to all development. There is adequate water and sewer services available to accommodate the land use changes as proposed at the subject locations.

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 recommendations. The City did receive some concerns and opposition to this application as detailed in Document 3.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the applicant not providing all the pertinent information required to review the proposal.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, The Wabano Centre for Aboriginal Health, Attention: Allison Fisher, 297 Montreal Road, Ottawa, ON K1L 6B8, applicant, Borden Ladner Gervais LLP, Attention Emma Blanchard, 100 Queen Street, Ottawa, ON K1P 1J9, 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

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

Proposed Changes to new Comprehensive Zoning By-law 2008 - 250

The R4E [1489] zone n the property known municipally as 272 Bradley Avenue, as shown on Document 1, will be amended to increase the maximum lot coverage to 52 per cent of the lot area.

The property known municipally as 274 Bradley Avenue, as shown on Document 1, will be rezoned from R4E to TM3 H(42) - exception including the following zone provision exceptions:

1. Despite subsection 197(d)(ii)(1), a minimum interior side yard of 0.30 metres is permitted for office use having a maximum gross floor area of 200 square metres.

2. Despite subsection 197(g)(i), a minimum building height of 7.3 metres is permitted for office use having a maximum gross floor area of 200 square metres.

3. Despite subsection 197(i)(i), no minimum landscaped area is required for office use having a maximum gross floor area of 200 square metres.

4. Despite Table 65(1), a chimney or chimney box may project within 0.3 metres of a side lot line for office use having a maximum gross floor area of 200 square metres.

5. Despite Table 101 subsection (bx)(ii), the minimum parking requirement for office use having a maximum gross floor area of 200 square metres is 1 parking space.

Proposed Changes to Zoning By-law 2380 of the former City of Vanier

The property known municipally as 272 Bradley Avenue, as shown on Document 1, will be rezoned from R4 to R4.XX including the following zone requirement exceptions:

1. Despite subclause 10.2(b)(i), the maximum permitted lot coverage is 52 per cent.

2. Despite subclause 10.2(b)(ii), the minimum permitted front yard is 3.69 metres.

3. Despite subclause 10.2(b)(iii), the minimum permitted rear yard is 4.26 metres.

4. Despite subclause 10.2(b)(iv), the minimum permitted interior side yard is 0.22 metres.

5. Despite subclause 10.2(b)(vi), the minimum permitted landscaped open space is 28 per cent.

6. Despite subclause 6.23(c)(i), steps may project to the lot line in a front yard.

7. Despite subclause 6.14(a)(xx), the minimum parking requirement for a day care centre is 1 parking space.

8. Section 6.15 does not apply.

The property known municipally as 274 Bradley Avenue, as shown on Document 1, will be rezoned from R4 to C2/C.XX including the following zone requirement exceptions:

1. Despite clause 17.2(i), the maximum permitted floor space index (F.S.I.) for an office use is 1.2.

2. Despite clause 17.2(v), the minimum permitted front yard is 1.94 metres for office use having a maximum gross floor area of 200 square metres.

3. Despite clause 17.2(vi), the minimum permitted rear yard is 0.60 metres for office use having a maximum gross floor area of 200 square metres.

4. Despite clause 17.2(vii), the minimum permitted interior side yard is 0.30 metres for office use having a maximum gross floor area of 200 square metres.

5. Despite subclause 6.14(a)(xiii), the minimum parking requirement for office use having a maximum gross floor area of 200 square metres is 1 parking space.

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.

PUBLIC COMMENTS

This application was subject to Notification and Consultation, which required the posting of an on-site information sign and circulation to concerned community groups. Five responses were received from the posting of the on-site sign. A summary of their comments and responses to their comments are presented below.

SUMMARY OF PUBLIC INPUT

Of the five respondents to the notification, two were concerned and three were opposed for the following reasons:

1. Comment: The parking situation on the street (Bradley Avenue) is terrible during the winter months. What type of parking arrangements will be made for the employees of Wabano?

Response: The Zoning By-law requires that four parking spaces be provided for the community health and resource centre use (day car/homework club), and four parking spaces for the office use. One parking space is provided at both locations and the applicant has indicated that the required parking can be provided in the existing parking lot at 297 Montreal Road, just behind the two buildings and where pedestrians have access via a new staircase connecting the properties. There is also bus service nearby along Montréal Road.

2. Comment: We are concerned about the effect a commercial zoning will have on residential property values.

Response: The reduction of property values is a common concern with development proposals. This is not a consideration of a rezoning proposal. Further, Wabano intends to use the existing buildings for additional office space and for a homework club. The property at 272 Bradley Avenue remains zoned for residential and further acts as a buffer between the proposed new commercial lands at 274 Bradley Avenue and the residential lands to the north.

COUNCILLOR’S COMMENTS

Councillor Georges Bédard is aware of this application.

COMMUNITY ORGANIZATION COMMENTS

No responses were received.