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7. ZONING – 346 BRONSON AVENUE
ZONAGE – 346, AVENUE BRONSON
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COMMITTEE RECOMMENDATION
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 346 Bronson Avenue from Residential Fourth Density Subzone T Exception 488, (R4T [488]) to Residential Fourth Density Subzone T Exception XXXX, (R4T[XXXX]), as shown in Document 1 and as detailed in Document 2.
RECOMMANDATION DU COMITÉ
Que le Conseil approuve une modification au Règlement 2008-250 sur le zonage, de façon à faire passer la désignation de zonage de la propriété située au 346, avenue Bronson, de zone résidentielle de densité 4, sous-zone T, exception 488 (R4T [488]), à zone résidentielle de densité 4, sous-zone T, exception XXXX, (R4T[XXXX]), comme l’illustre le document 1 et le précise le document 2.
Documentation
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 17 December 2010 (ACS2011-ICS-PGM-0020).
Report to/Rapport au :
and Council / et au Conseil
17 December 2010 / le 17 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 : Richard Kilstrom, Acting Manager/Gestionnaire intérimaire, Development Review-Urban Services, Inner Core/Examen des projets d'aménagement-Services urbains, Unité du Centre intérieur
Planning and Growth Management/Urbanisme et Gestion de la croissance
(613) 580-2424, 22379 Richard.Kilstrom@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 346 Bronson Avenue from Residential Fourth Density Subzone T Exception 488, (R4T [488]) to Residential Fourth Density Subzone T Exception XXXX, (R4T[XXXX]), as shown in Document 1 and as detailed in Document 2.
RECOMMANDATIONS DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement 2008-250 sur le zonage, de façon à faire passer la désignation de zonage de la propriété située au 346, avenue Bronson, de zone résidentielle de densité 4, sous-zone T, exception 488 (R4T [488]), à zone résidentielle de densité 4, sous-zone T, exception XXXX, (R4T[XXXX]), comme l’illustre le document 1 et le précise le document 2.
BACKGROUND
The subject site, 346 Bronson Avenue, is located on the west side of Bronson Avenue, north of the intersection of Bronson Avenue and Gilmour Street.
The site has a total area of 303 square metres with 10.058 metres of frontage and a lot depth of 30.175 metres. The site is adjacent to a four-storey apartment building to the north and a duplex dwelling to the south. To the rear of the property are single-family detached dwellings fronting onto Cambridge Street North and across Bronson Avenue is an apartment building. The area is dominated by residential buildings, although land use records indicate the presence of commercial offices within many of the residential buildings.
346 Bronson Avenue is a two-storey detached red brick building. The applicant has indicated that it was previously used for a variety of office uses in the past 30 years. For the past five years the building has been operated as a medical facility and includes four parking spaces in the rear yard. A medical facility is not permitted under the Zoning By-law, which was discovered recently when a building permit application was made for renovations.
Purpose of Zoning Amendment
The applicant is proposing to add medical facility as an additional permitted use for the entire building on the subject site. The parking requirement for medical facility is 4/100 square metres, or 10 spaces for the 257 square metres of gross floor area within the building. As the parking requirement for a medical facility cannot be met on the existing site, the applicant is requesting an amendment to reduce the required parking spaces to four or 1.5/100 square metres.
Finally, the introduction of the medical facility means that non-complying rights associated with the lot regarding performance standards such as existing setbacks and driveway width (among others) are lost, so there are a number of provisions through this zoning amendment to bring the existing building and parking lot into conformity.
346 Bronson Avenue is zoned R4T [488] in the Zoning By-law. R4T is a Residential Fourth Density Zone that permits a wide mix of residential building forms ranging from detached to low-rise apartment dwellings. Exception 488 only permits office where 50 per cent of the building is residential. The exception also permits several additional land uses including, but not limited to, artist studio, bank, and retail store if they are located on the ground floor or basement and 50 per cent of the building is residential.
The proposed changes to the Zoning By-law include adding medical facility as a permitted use, limiting that use to 260 square metres of Gross Floor Area, and allowing it to occupy the entire existing building. The changes also include referencing existing performance standards to bring the building into conformity and modifying the parking requirement specific to medical facility to 1.5/100 square metres of Gross Floor Area.
DISCUSSION
The subject site is designated as Traditional Mainstreet in the Official Plan. The Mainstreet designation in this Plan identifies some of the most significant opportunities in the city for intensification through more compact forms of development, a lively mix of uses and a pedestrian-friendly environment. Over time, it is the City’s intent that Mainstreets will achieve more compact, mixed-use, pedestrian-oriented development patterns.
Bronson Avenue was designated as a Traditional Mainstreet in the 2003 Official Plan; however the R4T zoning is a remnant of the previous Official Plan designation as General Urban. Therefore, to ensure that there is sensitivity to the established context, the scope of the use is being limited and the Residential zone is maintained. The medical facility as a permitted use is consistent with the long-term Official Plan direction for Bronson Avenue.
The R4T zone on the subject site permits a range of uses including office, but does not permit medical facility. The addition of a medical facility with limitation on Gross Floor Area would correspond to the intent of the Comprehensive Zoning By-law and the intent of the Mainstreet Official Plan policies to encourage a lively mix of uses.
The parking rate for a medical facility is 4/100 square metres. As the subject property contains 257 square metres, 10 parking spaces are required. However, the application proposes four parking spaces, which corresponds to a rate of 1.5/100 square metres. The Department supports the request for a reduction in parking spaces for the following reasons:
· The majority of the patients of the medical facility live close, and many walk to the site from their residences in the Centretown West community.
· Transit service is available on Bronson Avenue and Somerset Street and both streets are identified as transit priority corridors in the Official Plan.
· Two parking lots are located within 300 metres of the site. A City owned lot is located at the corner of Somerset Street and Cambridge Street, and a privately operated Capital parking lot is located on Somerset Street between Arthur and Cambridge Streets.
· On-street parking is available on local streets within 200 metres of the site including MacLaren Street, Gilmour Street, James Street and Christie Street.
· The owner is proposing to add a bicycle rack on-site to accommodate cyclists.
The Department feels there are adequate alternatives to parking on the subject site, including walking, cycling, transit, on-street parking and nearby parking lots and that the proposed four parking spaces for a medical facility will not cause undue adverse impact on the surrounding community.
The remainder of provisions proposed through the zoning amendment are to address existing performance standards such as setbacks and parking space size. While typically land uses would have a non-complying right to existing standards, these rights were lost when the medical facility occupied the building because it was not permitted. The proposed zoning amendment will ensure that the existing site performance standards are brought into conformity.
ENVIRONMENTAL IMPLICATIONS
The impact of the rezoning application is viewed as negligible.
RURAL IMPLICATIONS
The impact of the rezoning application is viewed as negligible.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.
COMMENTS BY THE WARD COUNCILLOR(S)
No comments were received from the Ward Councillor.
LEGAL/RISK MANAGEMENT IMPLICATIONS
There no legal/risk management implications associated with the recommendation in this report.
CITY STRATEGIC PLAN
The Planning and Growth Management priorities of the City’s Strategic Plan are adhered to as the site respects the existing urban fabric, neighbourhood form and the limits of existing hard services, and is integrated seamlessly within the established community. The addition of a medical facility as a permitted use also corresponds to the objective to have a proactive municipal response to meet the public health needs of Ottawa residents.
TECHNICAL IMPLICATIONS
FINANCIAL IMPLICATIONS
There are no direct financial implications associated with this report.
APPLICATION PROCESS TIMELINE STATUS
This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended Zoning
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 the Comprehensive Zoning By-law
1. Rezone the subject land as shown on Document 1 from R4T[488] to R4T[XXXX].
2. Add a new exception, R4T[XXXX], to Section 239 including text similar in effect to the following:
- In Column II the text “R4T[XXXX]”
- In Column III the text:
“- artist studio
- bank
- dwelling unit
- medical facility
- office
- personal service business
- post office
- printing shop
- service and repair shop
- retail store”
- In Column V the text:
“- office permitted if in a building where 50 per cent of the gross floor area of the building is residential
- commercial uses, except a medical facility and office, limited to the ground floor or basement of a building where 50 per cent of the gross floor area of the building is residential
- maximum gross floor area of a medical facility: 260 m2
- notwithstanding subsection 101(1) and Table 101(bp) the minimum required parking space rate for a medical facility is 1.5 spaces per 100 m2 of gross floor area
- notwithstanding clause 106(1)(a) the minimum required width of a parking space is 2.4 m
- notwithstanding clause 107(1)(a) the minimum required width of a driveway leading to a parking lot is 3 m
- minimum front yard setback for the existing building: 1.9 m
- minimum southerly interior side yard setback for the existing building: 0.2 metres
- notwithstanding section 65 and Table 65(2) existing eaves, eave-troughs and gutters may project to within 0 m of the southerly side lot line
- notwithstanding section 65 and Table 65(2) and Table 65(6) existing porch, eave-troughs and gutters may project to within 0.8 metres of the front lot line
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
Concerns were raised regarding the disposal of medical waste, patients currently parking on adjacent properties, and the existing parking congestion on Bronson Avenue.
Two letters indicating support for the requested zoning amendment were received.
RESPONSE
The Zoning By-law requires that parking spaces must be located on the same lot as the use or building for which they are provided. If patients visiting 346 Bronson Avenue are parking on another property, this would constitute a zoning violation and by-law services may be contacted to address the violation.
While disposal of medical waste is outside the scope of the Zoning By-law, the applicant has indicted that medical waste on the site is collected by local companies through specialized collection arrangements.
The applicant has indicated that the medical facility largely serves the surrounding residential area within walking distance of the site. They have agreed to install a bicycle parking rack in the front yard to encourage cycling to the site and transit service is available on Bronson Avenue and Somerset Street.
The parking rate proposed is in accordance with an existing condition and is appropriate for the site specific conditions.
COMMUNITY ORGANIZATION COMMENTS
Residents are concerned that the proposed rezoning could, in the future, lead to a new medical office building maximizing the height and minimizing the setbacks, whereas the zoning is supposed to be primarily residential. The few low-vehicle-generating commercial uses allowed to be included along with residential uses were established at the city’s instigation, to minimize traffic disruption along Bronson. A large medical building would maximize such traffic and not be residential.
Notwithstanding this concern, there does not appear to be any negative effects from the recent, small scale, and locally clientelled doctor’s office use. Therefore we do not object to legitimizing the present use.
However, we would ask that the amount of medical office allowed on the site be restricted to the present floor space so occupied, and if possible to the life of the present building.
RESPONSE:
Staff respects that the current zoning is residential with limited commercial activities permitted. Limiting the medical facility use to 260 square metres would meet the intent of the current zone. Any future major additions or a larger replacement building would require either a minor variance or zoning amendment application.