4.                   ZONING – 19 CORDOVA STREET

 

ZONAGE – 19, RUE CORDOVA

 

 

Committee recommendation, AS AMENDED

 

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 19 Cordova Street, as shown in Document 1, from Residential First Density Subzone [R1FF [632]] to a new Residential First Density Subzone [R1FF [XXX] with exceptions as detailed in Document 2; as amended to limit the maximum gross floor area of assembly within a place of worship to 200 square metres.

 

 

Recommandation MODIFIÉE du comité

 

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 19, rue Cordova, comme il est indiqué dans le Document 1, de Zone résidentielle de densité 1 dotée d’une sous-zone [R1FF[632]] à une nouvelle Zone résidentielle de densité 1 dotée d’une sous-zone et assortie d’exceptions [R1FF[XXX]], comme il est expliqué en détail dans le Document 2; et tel que modifié afin de limiter la surface de plancher hors œuvre brute maximale de la salle de rassemblement dans un lieu de culte de 200 mètres carrés.

 

 

 

 

Documentation

 

1.                   Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 22 December 2010 (ACS2011-ICS-PGM-0005).

 

2.                   Planning Committee Extract of Draft Minutes of 11 January 2011.


Report to/Rapport au :

 

Planning Committee

Comité de l'urbanisme

 

and Council / et au Conseil

 

22 December 2010 / le 22 décembre 2010

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d’infrastructure et Viabilité des collectivités

 

Contact Person/Personne-ressource : Derrick Moodie,Manager/Gestionnaire, Development Review/Examen des projets d'aménagement

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 15134  Derrick.Moodie@ottawa.ca

 

College (8)

Ref N°: ACS2011-ICS-PGM-0005

 

 

SUBJECT:

ZONING - 19 CORDOVA STREET (FILE NO. D02-02-10-0071)

 

 

OBJET :

ZONAGE - 19, rue cordova

 

 

REPORT RECOMMENDATIONS

 

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 19 Cordova Street, as shown in Document 1, from Residential First Density Subzone [R1FF [632]] to a new Residential First Density Subzone [R1FF [XXX] with exceptions as detailed in Document 2.

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 19, rue Cordova, comme il est indiqué dans le Document 1, de Zone résidentielle de densité 1 dotée d’une sous-zone [R1FF[632]] à une nouvelle Zone résidentielle de densité 1 dotée d’une sous-zone et assortie d’exceptions [R1FF[XXX]], comme il est expliqué en détail dans le Document 2.

 

 

BACKGROUND

 

The site, 19 Cordova Street, is located at the southwest corner of Cordova Street and St. Claire Avenue.  The site is occupied by a one-storey, L-shaped building used for retail purposes (flower shop with associated greenhouse).  The property has an area of 1043.00 square metres and parking is available at the rear and front of the building.  The surrounding uses are mainly single family homes with the exception of a multi-storey long-term care facility located one residential block to the west of the subject property.

 

Purpose of Zoning Amendment

 

The applicant proposes to convert the existing building into a place of worship, demolish the existing greenhouse, and provide all or more of the required parking on-site.  Place of worship is not a permitted use under the current R1 FF [632] zoning.  The application for a zoning amendment requests to expand the uses permitted under the R1 FF [632] Subzone to include “place of worship”.

 

Existing Zoning

 

The property is currently zoned R1 FF [632], a Residential First Density Subzone with an exception.  This zone permits such uses as detached dwelling, diplomatic mission, bed and breakfast with up to three bedrooms, and a maximum of 10 residents in a group home or in a converted retirement home.  A converted dwelling to rooming house is also permitted with a maximum of seven rooming units or a maximum of one dwelling unit and six rooming units.

 

Proposed Zoning

 

The application for Zoning By-law Amendment requests that the site be rezoned from an R1 FF [632] - Residential First Density Subzone to a new R1 FF - Residential Fourth Density Exception Subzone.  The exception is for an additional use “place of worship” to be permitted. Also, a public meeting was held with the community. To address the community’s concerns with respect to the possibility of overflow parking onto residential streets, the applicant has proposed that an additional exception be included to permit tandem parking in the parking area of the property.

 

DISCUSSION

 

Official Plan 

 

The Strategic Directions Section of the Official Plan advocates creating liveable communities by accommodating a variety of land uses, including employment and institutional uses, retail and commercial services, as well as cultural, leisure, and entertainment facilities. The location of these uses within the city is subject to regulations to secure compatibility with surrounding uses and ensure the liveability of Ottawa’s communities. The proposal of a place of worship (institutional use) within a residential community is considered an appropriate use.

 

The Official Plan designates the subject property 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.  Policy 1 indicates that the General Urban Area designation permits all types and densities of housing, as well as employment, retail uses, service, industrial, cultural, leisure, greenspace, entertainment and institutional uses.  The proposed zoning amendment to permit a place of worship, an institutional use, is considered appropriate, consistent with and implements the policies of the Official Plan for General Urban Areas.

 

Compatibility Considerations

 

Section 2.5.1 of the Official Plan recognizes that introducing new development in existing areas requires a sensitive approach and a respect for a community’s established characteristics. 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. Objective 4.0 is aimed at new development respecting the character of existing areas and encourages design to integrate new development to complement and enliven the surroundings and complement the massing patterns, rhythm, character and context.

 

Staff have reviewed the proposal in the context of the design objectives and principles set out in Section 2.5.1 and are satisfied that the proposal does fit and work well in its urban context. The existing residential/commercial building is to be converted to a place of worship and will remain the same in terms of building height and massing. The exterior shell of the building will be renovated over time and landscape buffering is to be provided around the building and the parking area.

 

In addition to Section 2.5.1, the Official Plan requires that applications for development be assessed relative to the criteria set out in Section 4.11 which deal with compatibility considerations.  While Section 2.5.1 is focused more on design and context matters to provide for ensuring compatibility, the criteria set out in Section 4.11 are more traditional planning considerations dealing with matters such as traffic, parking, and built form relationships. The Plan further clarifies that the criteria may not apply and/or may be evaluated and weighed on the basis of site circumstances. 

 

Many of the issues raised by the community are focused on those matters addressed by Section 4.11. The following discussion highlights how the subject application responds to these criteria so as to ensure that the proposed development will not result in any undue adverse impacts and that it will co-exist within surrounding development and uses.

 

Traffic

 

The traffic generated from the site is expected to be minimal as the existing residential/commercial building of about 80 square metres in size is to be converted to a place of worship.  The Zoning By-law requires that a minimum of eight parking spaces be provided for this use and the site can accommodate about 20 spaces once the greenhouse structure is demolished.  The new use is considered a low traffic generator as it relates to its impact on peak flows. Cordova Street is a local collector and can easily accommodate the anticipated traffic volume. As such the proposed development is not expected to have any traffic or parking impact on local residential streets.

 

Parking Requirements

 

Included in the application is a request to permit tandem parking if the building ever increases in size and consequently the parking requirement would increase. The applicant has indicated that if the building is ever proposed to be increased in size between 200 and 230 square metres, a total of approximately 20 parking spaces would be required.  Staff agree that tandem parking would be appropriate for this use and would alleviate the concerns from residents of overflow parking occurring on the surrounding streets.

 

Staff is satisfied that the above criteria to be considered when evaluating compatibility have been achieved.  The Zoning By-law will establish the performance requirements with respect to parking, height and yard setbacks to allow for any building addition and associated parking that implements the Official Plan design objectives and compatibility criteria. 

 

RURAL IMPLICATIONS

 

N/A

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. 

 

Councillor Chiarelli hosted a public meeting in the community on November 25, 2010. Numerous comments have been received from the public meeting and notification process. The issues can be summarized as follows: traffic, parking and tenure.  Details of the notification and consultation process are highlighted in Document 3.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

The Ward Councillor is aware of this application and the staff recommendation.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

Should this matter be appealed to the Ontario Municipal Board, it is anticipated that a two day hearing would be required.  If the application is refused, reasons must be provided and upon appeal, an external witness would be needed.  It is anticipated that in such instance the cost would be approximately $25,000.

 

CITY STRATEGIC PLAN

 

The recommended re-zoning is in keeping with the City Strategic Plan for priority of a Sustainable, Healthy and Active City.

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

APPLICATION PROCESS TIMELINE STATUS

 

The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments.

 

SUPPORTING DOCUMENTATION

 

Document 1    Location Map

Document 2    Details of Recommended Zoning

Document 3    Consultation Details

 

DISPOSITION

 

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, 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 and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.

 

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


LOCATION MAP                                                                                                DOCUMENT 1


DETAILS OF RECOMMENDED ZONING                                                    DOCUMENT 2

 

 

Proposed Changes to By-law 2008-250

 

The property known municipally as 19 Cordova Street shown on Document 1 will be rezoned from R1FF [632] to R1FF [XXX].

A new exception, R1FF [XXX], will be added to Section 239 – Urban Exceptions and will include the following:

 

1.      In Column II – insert “R1FF [XXX]”.

2.      In Column III – insert “place of worship” as an additional permitted land use.

3.      In Column V – insert the intent of the zoning provisions contained in Column V of Exception 632

4.      In Column V – insert the zone provision “tandem parking is permitted”.

 

 

 

 

 

 


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 hosted by Councillor Chiarelli in the community on November 25, 2010.

 

 

PUBLIC COMMENTS

 

Two letters were received in support of the application.  Thirteen letters and a petition of 93 names were received in opposition to the application from individual homeowners.  A summary of the issues brought forward is outlined below along with a staff response.

 

SUMMARY OF PUBLIC INPUT

 1.        Traffic

 

Concerns were raised with respect to an increase in traffic on Cordova Street and in the area as a result of the proposed use. 

 

Response:

The traffic generated from the site is expected to be minimal as the existing residential/commercial building of about 80 square metres in size is to be converted to a place of worship.  The Zoning By-law requires that a minimum of eight parking spaces be provided for this use and the site can accommodate about 20 spaces once the greenhouse structure is demolished.  The new use is considered a low traffic generator as it relates to its impact on peak flows. Cordova Street is a local collector and can easily accommodate the anticipated traffic volume. As such the proposed development is not expected to have any traffic or parking impact on local residential streets.

 

2.         Parking

 

Concerns were raised with respect to the property not being large enough to accommodate the parking requirements and that the overflow parking from the site would spill into the residential area streets.

 

            Response:

The site is occupied by a one-storey, L-shaped building used for retail purposes (flower shop with associated greenhouse).  The property has an area of 1043.00 square metres and parking is presently available at the rear and front of the building. The applicant proposes to convert the existing building into a place of worship, demolish the existing greenhouse, and provide all or more of the required parking on-site.  The site can accommodate about 12 parking spaces at the moment.  Once the greenhouse structure is demolished, the site could accommodate about 20 parking spaces.

 

3.         Impacts to Property Values

 

            Response:

Staff have received no data or evidence to support a potential impact to property values.

 

5.                  Tenure

 

Concerns were raised with respect to permitting a place of worship in a quiet residential neighbourhood.

 

Response:

Places of worship are very common in all neighbourhoods of any city.  The property is small and will limit the size of any future additions.  The owners have indicated that they are a small congregation and the location and size of the property is ideal.

 


 

6.                  ZONING - 19 CORDOVA STREET
ZONAGE - 19, RUE CORDOVA                                                                                 

ACS2011-ICS-PGM-0005                                                     COLLEGE/ COLLÈGE (8)

 

(This matter is Subject to Bill 51)

 

Denis Charron, Planner, provided an overview of the re-zoning application and staff’s rationale for recommending approval.  A copy of the staff PowerPoint presentation is held on file with the City Clerk.

 

In response to questions from Councillor Chiarelli, Mr. Charron confirmed that the subject site had a legal non-conforming use for a retail store, and the building was formerly occupied by a flower shop.

 

Councillor Hume noted that the zoning specified parking requirements associated with the proposed use and the size of the site; therefore, the size of any potential expansion would be limited by the amount of parking on the site.  Mr. Charron concurred, and suggested that there would not likely be parking overflow as there was enough parking provided for the small building and congregation.

 

Councillor Chiarelli inquired as to what would happen if the applicant were to purchase the adjacent property with the intent to expand further.  Mr. Charron explained that they would then have to apply for a rezoning for that property as well.

 

Committee then heard from the following delegations:

 

Harmon Davidson and Terry Hutchins, residents of City View, spoke in opposition to the proposal, as presented.  Mr. Hutchins raised the following points:

·         He stated that all families in the neighbourhood that were affected by the proposed rezoning (more than 94 residents) were opposed to it.

·         He stated that they were opposed to the proposed land use, not the user

·         He indicated that they would prefer to see the existing zoning preserved, and see residential homes built on the property, in keeping with the neighbourhood ad with the City’s intensification policies, rather than adding another new non-conforming use

·         He suggested that the community had been very accommodating to the significant  development in the area, citing several examples such as the facility at the Starwood and Saint Claire Avenues, Algonquin College expansion, a new apartment building Meadowlands and Woodroffe, among others. 

·         He noted the impacts this development was having on the community, such as major traffic concerns, and suggested the neighbourhood was fatigued and feeling inundated with industrial land uses.

·         He emphasize that the subject property was at the heart of the community,  and a gateway to the community, and suggested the proposed changes would disrupt the residential nature of the area.

 

Mr. Davidson then showed a video they had taken of the subject property and the surrounding area. A copy of the video is on file with the City Clerk. In his portion of the presentation, Mr. Davidson raised the following points:

·         He noted that the subject property occupies a prominent place in the community, and the community feels it should be residential in keeping with the character of the neighbourhood, advancing the City’s residential intensification policy and maintaining local property values.

·         He noted that Cordova street had been widened and had become a traffic shortcut between Baseline Road and Merivale Avenue, resulting in increased danger, noise and pollution.  He suggested the proposed rezoning would exacerbate the traffic problem.

·         He considered the proposed parking lot and increased traffic as another unacceptable invasion of an institution into the residential community.

·         He expressed concern with the possibility of on-site snow storage on the proposed parking lot.

·         He suggested the area was already adequately served by churches, citing six within one kilometre of the site.

·         He noted that many congregations share space for financial reasons, as the current applicant is doing, and expressed concern this might continue in the future, leading to increased institutional use of the property.

·         He noted the disrepair of the building, suggesting there was no evidence that the new users would have the resources to repair it or construct a new church.

·         He expressed concern with potential ancillary use of the church for revenue generation, such as a daycare, garage sales or rental of space to other groups.  He suggested this would have an adverse impact on the community by increasing traffic and parking.

Mr. Davidson and Mr. Hutchins also submitted a copy of their comments in writing, which are held on file with the City Clerk.

 

The Chair noted that Elvira Campagna and Hanan Alkadri were also present in opposition the application, but allowed Mr. Hutchins and Mr. Davidson to speak on their behalf.

 

In response to points raised by the delegation, Councillor Chiarelli inquired as to the difference in peak traffic volumes between the previous use (the flower shop), and the proposed use (a church).   Mr. Davidson indicated that the flower shop would have had two to three cars parked outside at any given time, at the most, while the church would have much more. He noted that for special events such as jumble sales the site is packed.

 

As to whether his concern was the current owners of the site or possible future owners, the delegation indicated that it was both, but he was more concerned about the possibility of even greater impact in the future once the use is permitted for the site.

 

Murray Chown, Novatech, spoke on behalf of the applicant in support of the proposed rezoning.  He began by welcoming the new members and indicated he was looking forward to working with them over the next term.  He raised the following points in support of the application:

·         He explained that the proposed use was a church.  The proponent, St. Matthew’s Romanian Orthodox Church, is currently occupying rented space elsewhere. They intent to do repair work to use the existing building as a place of worship in the short term, ultimately intending to build a new church on the site.

·         He noted that the building was used as was a flower shop for decades and there is an established legal non-conforming right for a retail store.

·         He noted that granting the proposed rezoning would eliminate the legal non conforming use; otherwise, another retail store would be permitted as of right.

·         With respect to traffic, he stated that Cordova Street is a residential collector intended to carry traffic

·         With respect to parking, he explained that there would be eight spaces on site immediately. When the new church is ultimately built, there would be a maximum of 20 parking spaces. Tandem parking is recommended to address peak demand situations

·         He explained that the issue of snow removal and/or storage would be subject to Site Plan approval process

·         He noted that the size of any building would be limited by the zoning bylaw requirements for the parking spaces, allowing for a maximum of 200 square feet of assembly space.

·         He emphasized that if the proponents were to buy the adjacent lot, they could not just build a bigger church; they would need to apply for another rezoning for that lot. He indicated that his clients did not currently have that intention.

·         He expressed concern with the terms used by those in opposition to the church, such as referring to it as an “invasion.” He was bothered by the fact that a church in a residential area is considered objectionable.

In conclusion, Mr. Chown encouraged Committee to support the rezoning.

 

In response to questions from Councillor Chiarelli, Mr. Chown indicated that his client would not object to adding an additional provision to the zoning to limit the maximum gross floor area of assembly area within a place of worship to 200 square metres.

 

Mr. Chown suggested that the proposal would not have a significant traffic impact on Cordova Street.  He reiterated that there was a retail use permitted as of right, which could also generate traffic depending on the type of retail.

 

Councillor Chiarelli spoke to the concerns raised by the community. He noted the community had endured much in term of development and intrusion of other non-residential uses into the area, and were concerned with drawing the line and keeping the property zoned residential.  He emphasized that Committee needed to understand the community’s points. Acknowledging it may not be the most intrusive use, he suggested the community was concerned with setting a precedent.

 

Moved by Councillor B. Monette:

 

BE IT RESOLVED THAT the proposed zoning be amended to limit the maximum gross floor area of assembly within a place of worship to 200 square metres.

 

                                                                                                CARRIED

 

Committee then approved the report recommendations as amended.

 

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 19 Cordova Street, as shown in Document 1, from Residential First Density Subzone [R1FF [632]] to a new Residential First Density Subzone [R1FF [XXX] with exceptions as detailed in Document 2, as amended to limit the maximum gross floor area of assembly within a place of worship to 200 square metres.

 

                                                                                  CARRIED as amended

                                                                               Councillor R. Chiarelli Dissented