Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager /
Directrice municipale adjointe,
Planning, Transit and the Environment /
Urbanisme, Transport en commun
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
348 Woodroffe Avenue from R4B, a multiple unit subzone, to an R4B
exception zone to permit a ground floor medical facility as a temporary use for
three years, as shown in Document 1 and as detailed in Document
2.
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 348, avenue Woodroffe de R4B, sous-zone de logements
collectifs, à zone d’exception R4B, afin de permettre un établissement médical
au rez-de-chaussée à titre d’utilisation temporaire pour une période de trois
ans, comme l’illustre le document 1 et le décrit en détail le document 2.
BACKGROUND
The
site is located on the west side of Woodroffe Avenue north of Carling Avenue,
south of Flower Avenue and directly across the street from the Carlingwood
Shopping Centre.
The
property is half of a semi-detached dwelling unit with a medical facility (that
was converted from residential without the benefit of the necessary approvals)
on the ground floor and a dwelling unit on the second floor. The applicant has indicated that the
dwelling unit is rented on a term basis on occasion, but he also uses it for
his own use when it is not rented. The
other half of the semi-detached unit is owner occupied. The surrounding uses include residential to
the north and west and a commercial strip and the Carlingwood Shopping Centre
to the south and east respectively.
On
July 25, 2002, the former Planning and Development Committee recommended
Council reject an application to add an exception to the R4B zone to permit a
medical facility at 348 Woodroffe Avenue.
On August 28, 2002, City Council upheld the Committee's
recommendation. The staff report was
recommending approval of the application.
The City Council decision was appealed by the applicant to the Ontario
Municipal Board (OMB). On March 28,
2003, the Board dismissed the appeal on evidence presented by the local
community group and Councillor. An
amending OMB order, issued April 22, 2003, allowed the applicant (Dr. Lokhat),
up to one year following the issuance of the decision to relocate his present
office.
On
February 23, 2004, before the termination date set by the OMB, the local
Councillor held a public meeting to determine the community’s position on a
medical facility use at this location.
The participants generally showed support for a temporary use at this
location for a three-year period that would allow the owner sufficient time to
phase out his operation or relocate.
Based on the outcome of this meeting the applicant submitted his second
Zoning By-law amendment to permit his use for three more years.
On
April 14, 2004, City Council approved a temporary three-year zoning to permit
the medical facility on the ground floor.
This zoning was appealed to the OMB by an adjacent property owner. The OMB dismissed the appeal indicating that
the appellant did not provide any evidence of adverse impacts on him or his
family if the clinic was to remain an additional three years. The OMB was satisfied that it was
appropriate to extend the period during which the medical facility could
operate on the site in order to allow the Doctor time to find a suitable
premise in the area.
The
existing zoning is R4B. The R4B is a
Multiple Unit Subzone. The B subzone
indicates minium lot width and lot area requirements. The existing R4B zone permits no commercial uses.
An
R4B[900]-tp zone existed on the site from April 14, 2004 to April 13,
2007. The tp symbol represented a
temporary zoning for three years. The
[900] exception permitted a medical facility on the ground floor and a
second-floor dwelling unit. By-law
2004-180, that enacted the temporary zoning, stated this By-law is repealed on
April 13, 2007, whereupon the exception permitting the medical facility is also
repealed and the exception number [900] and the -tp symbol are stricken from
the R4B[900]-tp zone designation.
The proposed zoning is R4B with an exception to permit a medical facility on the ground floor and a dwelling unit on the second floor for a temporary three-year period commencing from the enactment of the implementing By-law. For the details of the recommended zoning see Document 2.
DISCUSSION
The Department is recommending
approval of this temporary use application for the reasons set out below.
This is the third time a Zoning By-law
amendment application for the subject medical facility has come forward to
Planning and Environment Committee. On
the previous two occasions the Department supported the medical facility both
as a permitted use in 2002 and as a temporary use in 2004. The Department continues to support a
medical facility at this location for three more years.
Official Plan
The Official Plan has designated
this site as General Urban Area that permits the development of the full range
and choice of housing types to meet the needs of all ages, incomes and life
circumstances, in combination with conveniently located employment, retail,
service, cultural, leisure, entertainment and institutional uses. A broad scale of uses are found within this
designation that are intended to facilitate the development of complete and
sustainable communities. While the City
is supportive of the establishment of a broad mix of uses in Ottawa's
neighbourhoods, this is not meant to imply that all uses will be permitted
everywhere within this designation as location, scale and type of land uses
will continue to be regulated by the Zoning By-law, in accordance with the
provisions of the approved Plan. The
Plan provides direction that new development be compatible and complement the
surrounding land uses and that non-residential uses be conveniently located
with respect to concentrations of residential development. The locational and compatibility policies of
the Plan direct uses that have the potential to generate negative impacts to
appropriate locations. The
compatibility criteria of the Plan, including noise, spillover of light,
accommodation of parking and access, are prominent considerations when
assessing the relationship between new proposals and existing development.
The extension of the temporary
zoning for the existing medical facility can be supported, as the use is
located within a residential-looking building on a lot at the edge or periphery
of an existing residential neighbourhood with a district linear commercial
zoning abutting to the south along Carling Avenue. The subject site is also located on an arterial road across the
street from the Carlingwood Shopping Centre and its associated parking
facilities. The Department believes
that the temporary use would not represent an intrusion into the residential
neighbourhood in the long term and would not have the effect of extending the
district linear commercial zoning.
Furthermore, the site retains a residential dwelling unit on the second
floor and functions similarly to other businesses operating from former private
homes along Woodroffe Avenue.
The compatibility issues have not
been raised by the community in the past for it has always been the land use
concern that they have addressed. There
is a driveway on the south side of the building abutting the commercial zone
that serves as the access to the rear yard where client parking is
permitted. The on-site parking location
and layout were not approved by the City, however, the parking currently exists
and serves a purpose. The parking
spaces lie adjacent to the rear yards of two homeowners of which the owner, who
shares the other half of the semi-detached house, has spoken in favour of the
medical facility both at the last OMB hearing and the recent public meeting in
May 2007.
Public Support
The proposal has received
considerable public support over the years and the Doctor is seen or viewed as
contributing positively to the community.
At a recent public meeting the Doctor indicated that there was a shortage
of family physicians in Ottawa and he wanted to continue to serve the
community.
It is the Department's understanding
that the applicant now wishes to remain at this location until he retires. The two OMB decisions for a one year
extension followed by a temporary three-year zoning were based on the Doctor's
intentions to relocate his practice to another suitable premise in the area
where the use is permitted. Given the
Doctor's current position to remain, the past decisions of the Board, and the
potential for appeals to the enacting By-law and another OMB decision, the
Department cannot guarantee it will continue to support a medical facility at
this location should the Doctor decide to continue his practice at this
location beyond the next three years.
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. The City received four public comments, as well as comments from the local community association to this application.
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 Details
of Recommended zoning
Document 3 Consultation
Details
DISPOSITION
City Clerk’s Branch, Secretariat Services to
notify the owner, Dr. Hossen Lokhat, 348 Woodroffe Avenue, Ottawa,
ON K2A 3V5., 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
The property at 348 Woodroffe Avenue will be rezoned from R4B to R4B[xxx] and will be subject to the following:
- Additional permitted uses: dwelling unit and medical facility
- Additional zoning provisions:
(a) the additional permitted uses are permitted for a temporary three-year period commencing the date of enactment of the implementing by-law,
(b) the medical facility is only permitted on the ground floor,
(c) a dwelling unit is only permitted on the second floor, and
(d) the lot width and lot area requirements for a semi-detached house in an R4B zone apply.
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. One public meeting was held in the
community on May 08, 2007, that was hosted by the Ward Councillor.
PUBLIC COMMENTS
Four written comments were received
from the public. Three were in support and one was in opposition. The Woodpark Community Association submitted
a comment objecting to the amendment application.
SUMMARY OF PUBLIC INPUT
- I would like to see no commercial uses for this portion of Woodroffe Avenue and reduce speed to 40 kilometres per hour from 50 kilometres per hour.
- I believe it is an asset to have Dr. Lokhat in the area. I am a young person living in the neighbourhood. If I was deciding on a place to move to having a doctor so conveniently located would be one consideration.
- The doctor has had ample time to relocate already.
- I would strongly recommend you allow Dr. Lokhat permanent rezoning, not just temporary.
- My doctor closed his business. Dr. Lokhat is a real find/gem for I was without a doctor for two years. I walk to see Dr. Lokhat which is good for my health. Please give the good Doctor an extension of three years.
- What a privilege to have a physician with life-long experience, available to anyone, when need, without an appointment.
May 08, 2007 - PUBLIC MEETING COMMENTS
One public meeting was held in the
community on May 08, 2007, that was hosted by the Councillor. There were 30 people in attendance. Staff did not attend the meeting. A report on the meeting was prepared by the
Councillor and provided to staff. The
applicant/Doctor Lokhat attended the meeting.
The Councillor’s report indicated that the Doctor mentioned that even at
the age of 70 he was not ready to retire, that his patients wanted him to
continue with his practice and that as there is a shortage of family physicians
in Ottawa he wanted to continue to serve the community for another three years.
Councillor Cullen in his report summarized the questions/comments as follows:
- A number of patients spoke of the need to keep Dr. Lokhat in the community serving their needs, at least until his retirement. A few wanted to support a permanent change to the zoning to permit the operation of a medical clinic at this site.
- The next-door-neighbours spoke in favour of permitting the medical office to continue, saying they had had no problems with the medical office operation.
- A few
residents questioned why the medical office had to be located in a
residential zone when other more suitable space was available in
commercial zoned lands nearby. They did not question the value of the
service, but its location in a residential area.
COUNCILLOR’S COMMENTS
Councillor Alex Cullen provided the following comments:
"While
I recognize that a medical office use at 348 Woodroffe Ave. is not compatible
in a residential area, I must acknowledge that many in the community value Dr.
Lokhat's services as a family physician in the area. Therefore I am willing to support a temporary 3-year extension of
the zoning to permit the continued operation of a medical office on this
site. My expectation, and the
community's, is that when Dr. Lokhat retires, this site will revert to
residential uses that it is zoned for."
COMMUNITY ORGANIZATION COMMENTS
The Woodpark Community Association objects to the zoning amendment. The reasons are the establishment of the use represents the encroachment of a commercial use into a residential area; the area is becoming more and not less residential with a dentist’s office closing and reverting back to residential and the redevelopment of a single family site on Woodroffe to a planned unit development of six units with the possibility of a second site redeveloping in a similar fashion; the illegal conversion resulted in the loss of affordable housing; there is ample commercial space available for lease within five minutes of the site; the amendment is unwarranted and inappropriate; the use is incompatible in terms of hours of operation and parking requirements with the existing residential uses in the area and; the continuation of a non-residential use in a residential area represents a concentration of commercial activity that should more appropriately be located elsewhere.
The Association indicated that if Council approves the amendment it will, in all likelihood, have no choice but to appeal the Council decision to the Ontario Municipal Board.
Response:
The Department is supporting the amendment for a temporary use at this location for three additional years. The reasons are documented in the Discussion section of this report.