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4. ZONING - 340 GLADSTONE
AVENUE ZONAGE
- 340, AVENUE GLADSTONE |
Committee
recommendations
(This application is subject to Bill 51)
That
Council:
1. Approve an amendment to the Zoning By
law 2008 250 to rezone the property at 340 Gladstone Avenue from R4T[479]
Residential Fourth Density Subzone T, Exception[479], with a Heritage Overlay
to R4T[***] Residential Fourth Density Subzone T, Exception[***], with a
Heritage Overlay as detailed in Document in Document 2.
2. Approve an amendment to the former
City of Ottawa Zoning By-law to rezone the property at 340 Gladstone Avenue
from R5D[82] H(10.7) Low Rise Apartment Subzone D, Exception[82], with a
Heritage Overlay to R5D[***] H(10.7) Low Rise Apartment Subzone D,
Exception[***], with a Heritage Overlay as detailed in Document 2.
RecommandationS du Comité
(Cette demande est assujettie au Règlement 51)
Que le Conseil :
1.
approuve
une modification au Règlement de zonage no 2008-250 afin de
changer le zonage de la propriété située au 340, avenue Gladstone de R4T[479],
Zone résidentielle de densité 4, sous-zone T, assortie de l’exception [479], avec
un secteur désigné à valeur patrimoniale, à R4T[***], Zone résidentielle de
densité 4, sous-zone T, assortie de l’exception [***], avec un secteur désigné
à valeur patrimoniale, comme l’explique le document 2.
2.
approuve
une modification au Règlement de zonage de l’ancienne Ville d’Ottawa en vue de
changer le zonage de la propriété située au 340, avenue Gladstone, de R5D[82]
H(10.7), Zone de petits immeubles d’appartements, sous-zone D, assortie de
l’exception [82], avec un secteur désigné à valeur patrimoniale, à R5D [***]
H(10.7), Zone de petits immeubles d’appartements, sous-zone D, assortie de
l’exception [***], avec un secteur désigné à valeur patrimoniale, comme
l’explique le document 2.
Documentation
1. Deputy City Manager, Planning, Transit and the Environment report dated
18 September 2008 (ACS2008-PTE-PLA-0195).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
18 September 2008 / le 18 septembre 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
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the Planning and
Environment Committee recommend Council:
1. Approve an amendment to the Zoning By‑law 2008‑250 to rezone the property at 340 Gladstone Avenue from R4T[479] Residential Fourth Density Subzone T, Exception[479], with a Heritage Overlay to R4T[***] Residential Fourth Density Subzone T, Exception[***], with a Heritage Overlay as detailed in Document in Document 2.
2. Approve
an amendment to the former City of Ottawa Zoning By-law to rezone the property
at 340 Gladstone Avenue from R5D[82] H(10.7) Low Rise Apartment Subzone D,
Exception[82], with a Heritage Overlay to R5D[***] H(10.7) Low Rise Apartment
Subzone D, Exception[***], with a Heritage Overlay as detailed in
Document 2.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil :
1. d’approuver
une modification au Règlement de zonage no 2008-250 afin de
changer le zonage de la propriété située au 340, avenue Gladstone de R4T[479],
Zone résidentielle de densité 4, sous-zone T, assortie de l’exception [479], avec
un secteur désigné à valeur patrimoniale, à R4T[***], Zone résidentielle de
densité 4, sous-zone T, assortie de l’exception [***], avec un secteur désigné
à valeur patrimoniale, comme l’explique le document 2.
2. d’approuver
une modification au Règlement de zonage de l’ancienne Ville d’Ottawa en vue de
changer le zonage de la propriété située au 340, avenue Gladstone, de R5D[82]
H(10.7), Zone de petits immeubles d’appartements, sous-zone D, assortie de
l’exception [82], avec un secteur désigné à valeur patrimoniale, à R5D [***]
H(10.7), Zone de petits immeubles d’appartements, sous-zone D, assortie de
l’exception [***], avec un secteur désigné à valeur patrimoniale, comme
l’explique le document 2.
BACKGROUND
The subject property is located on the south side of Gladstone Avenue, mid-block between Bank Street and O’Connor Street. The property has a frontage of 20.6 metres along Gladstone Avenue, a lot depth of 30.2 metres and an area of 621 square metres. The site is currently occupied by a three-storey brick building. Historically and at present, the building contains a variety of legal non-conforming non-residential uses. These include a yoga studio, martial arts studio and retail and administration offices. There is currently no parking provided on-site for the existing uses as the building footprint covers over 90 per cent of the site.
Lands in the immediate area around the site are developed with a variety of building types accommodating a variety of non-residential uses including service commercial uses, office uses and retail uses along with a variety of residential uses ranging from single detached dwellings to multiple detached dwellings. Gladstone Avenue is designated as a major collector.
The subject property and adjacent lands are located with an area designated as General Urban Area in the Official Plan. The Centretown Secondary Plan designates the site and adjacent lands as Residential Medium Profile.
Purpose of
Zoning Amendment
The purpose of the application is to carry forward the existing exception provisions of the zoning applying to the property into a new site-specific exception zone which will permit limited non-residential uses within the existing three-storey building located on the subject site. The intent is to have the zoning formally recognize that such uses currently are located within the building as legal non-conforming uses so as to allow for changes in tenure and mix without having to obtain Committee of Adjustment approvals to change non-conforming uses. No changes from what exists today are being contemplated at this time. Also, recognizing that there is no ability to accommodate parking on the property, the proposed Zoning By-law amendment application is also requesting a further exception to not require parking for any uses accommodated within the existing building. The exception provisions requested are intended to only apply to the building as it exists today. Only uses permitted under the current zoning would be permitted for any additions or for any redevelopment of the site.
City of Ottawa Zoning By-law 2008-250
Under Zoning By-law 2008-250 the subject property is zoned R4T[479] Residential Fourth Density Exception subzone, with a Heritage Overlay. The R4T subzone is intended to allow a wide mix of residential building forms ranging from detached dwellings to low-rise apartment dwellings. The current exception limits a rooming house and or a converted rooming house to 50 per cent of the gross floor area.
Former City of Ottawa Zoning By-law 93-98
The subject site is currently zoned R5D[82] H(10.7) – Low Rise Apartment Residential Exception subzone, with a Heritage Overlay. The zone permits the same range of uses permitted by the R4T subzone established by By-law 2008-250 with the [82] exception establishing the same exception provisions as established by the [479] exception of the R4T subzone. The H(10.7) establishes a maximum height limit of 10.7 metres on the subject lands.
City of
Ottawa Zoning By-law 2008-250
The application proposes to carry forward the existing provisions of the R4T[479] subzone and add a limited number of non-residential permitted uses for the building existing today. The new site-specific zoning would not requiring parking for any of the permitted non-residential uses. Any addition to the building or redevelopment of the site would be subject to the provisions of the R4T[479] zone as it exists today meaning that only residential uses would be permitted.
Former City of Ottawa Zoning By-law 93-98
The amendments proposed to the R5D[82] H(10.7) zone as set out in the former City of Ottawa Zoning By-law are the same as the amendments proposed to the R4T[479] zone established for the site under Zoning By-law 2008-250 with the additional exception provisions being added to allow limited non-residential uses for the existing building and the elimination of requiring parking for the permitted non-residential uses.
DISCUSSION
Official Plan
The subject property is designated “General Urban Area” on Schedule B of the Official Plan. The General Urban Area permits the development of a full range and choice of housing types in combination with conveniently located institutional uses 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 to imply that all uses will be permitted within the General Urban Area designation. Therefore, within neighbourhoods the Zoning By‑law will further regulate appropriate uses.
As the intent of the application is to recognize the existing legal non-conforming uses located within the building and limit the range of non-residential uses which service the general area, the proposal is consistent with the policies of the General Urban Area.
Compatibility Considerations
Section 4.11 sets out objective criteria to evaluate compatibility with respect to more traditional planning considerations. Issues with respect to but not limited to traffic, parking, building height and massing, pattern of surrounding development have been considered through the review of the proposal. As the intent of the application is to recognize the current non-residential use of the existing building with no proposed changes contemplated from what exists today, the existing relationship of the site to its context will not change and no new or different impacts are anticipated that could be a cause of concern from a compatibility perspective.
Centretown Secondary Plan
The Centretown Secondary Plan (CSP) designates the property as Residential Medium Profile. The goals of the Centretown Secondary Plan are to maintain and enhance Centertown as an inner city residential neighbourhood while also providing neighbourhood commercial facilities and services for the community. The policies associated with areas designated medium profile residential support the establishment of a variety of dwelling types suitable for one person, small and medium family and non-family households. Also, public service, minor retail and office uses that primarily serve the local population but are not limited to serving only the local population and existing non-residential uses are permitted.
Given the recognition of the
Centertown Plan of existing non-residential uses within residential areas and
the ability to accommodate some limited non-residential uses, the proposal to
recognize the exisitingexisting
non-residential use of the property and allow the existing uses and other
limited non-resdentialresidential
uses is in conformity with the policies of the Secondary Plan. As the zoning
change limits non-residential uses to the existing building, the long-term use
of the site for residential purposes will not be impacted, as the parent
residential zoning will remain and will regulate any additions and/or
redevelopment of the site. With respect to traffic impacting residents in the
area, as there is no proposed change in the usage of the building there will be no additional traffic generated
from the site. Gladstone is
designated a major collector with the area being well served by public transit
along Bank Street, Gladstone Avenue and along Elgin Street.
Heritage
Considerations
The subject properties are located within the Centretown Heritage Conservation District, designated under Part V of the Ontario Heritage Act (OHA). The OHA requires that demolition and new construction in a Heritage Conservation District be approved by City Council. As there are no proposed modifications to the site or building which currently exists, an application under the OHA is not required.
Details of Proposed Zoning By-law Amendment to By-law 2008-250
Permitted Uses
The application proposes to carry forward the exception provisions of both the R4T[479] zone applicable to the site under Zoning By-law 2008-250 and the R5D[82] zone applicable to the site under the former City of Ottawa Zoning By-law and add a limited range of non-residential uses as shown on Document 2 as permitted uses. This new site-specific zoning would recognize the existing uses in the building which now enjoy a legal non-conforming status and would provide some flexibility to allow for some changes in use mix without requiring Committee of Adjustment approvals. The non-residential uses would be allowed only within the building currently located on the site. Any additions and/or future redevelopment of the building could only accommodate permitted residential uses. As the range of uses is consistent with the established legal non-conforming uses that have been operating from the site, and the long-term development potential of the site for residential purposes remains, the Department supports the proposed amendment.
Parking Requirements
The application also proposes a site-specific modification that would not require on-site parking to be provided for the range of non-residential uses permitted to locate within the existing building. Again, the permission would only be applicable to uses permitted, as the building exists today. Should the site be redeveloped in the future, any such application would have to address required parking. Currently there is no on-site parking provided as the building footprint occupies nearly the entire site. On-street parking is available in the immediate area to meet parking demands. Due to the physical limitations of the site and the availability of off-site parking in the area, the Department supports the modification.
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 did not receive any negative comments or opposition 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, Council and Committee Services to notify the owner, 121787 Canada Inc. c/o Henning Wennerwald, applicant, Lloyd Phillips, Lloyd Phillips & Associates Inc., 1501 Carling Avenue, Suite 200, Ottawa ON, K1Z 7M1, 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
By-law No. 2008-250
2. A new exception, number [***], will be added to Section 239 including the following provisions:
Exceptions for
the R4T[***] zone
i) Additional Permitted Uses
· Dwelling Unit
· Personal Service Business
· Retail Store
· Instructional Facility
· Artist Studio
· Club
· Office
· Research and Development Centre
· Training Centre
ii) Section 100, 101 and 102 shall not apply for non-residential uses in Column III.
iii) The permitted non-residential uses in Column III are only permitted within the building that existed at 340 Gladstone Avenue on (date of passing of the by-law) and no parking is required for these uses.
iv) Rooming House and Rooming house Converted limited to 50% of the gross floor area of building.
Proposed Changes to
By-law No. 93-98 of the former City of Ottawa
1. That the property known municipally as 340 Gladstone Avenue as shown on Document 1, is rezoned from R5D[82] H(10.7) – Low Rise Apartment Residential Subzone D, Exception[82], with a Heritage Overlay to R5D[***] H(10.7) Low Rise Apartment Residential Subzone D, Exception[***], with a Heritage Overlay.
2. A new exception, number [***], will be added to Table XV including the following provisions:
Exceptions for the R5D[***] H(10.7)
zone
i) Additional Permitted Uses
· Dwelling Unit
· Personal Service Business
· Retail Store
· Instructional Facility
· Artist Studio
· Club
· Office
· Research and Development Centre
· Training Centre
ii) Section 51 shall not apply for non-residential uses in Column II.
iii) The permitted non-residential uses in Column II are only permitted within the building that existed at 340 Gladstone Avenue on (date of passing of the by-law) and no parking is required for these uses.
iv) Rooming House and Rooming house Converted limited to 50% of the gross floor area of building.
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. No comments were received in opposition to the application.
COUNCILLOR’S COMMENTS
The Councillor is aware of the application.