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2. ZONING – 80 FLORENCE STREET
ZONAGE – 80, RUE FLORENCE
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Committee recommendation
(This matter is Subject to Bill 51)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 80 Florence Street from R4S [479], Residential Fourth Density Zone Exception 479 with a heritage overlay to R5B[xxxx] H(23.5), Residential Fifth Density exception Zone with a heritage overlay, as shown on Document 1 and detailed in Document 2.
Recommandation DU Comité
(Cette question est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 80, rue Florence de R4S [479], Zone résidentielle de densité 4, exception 479 accompagnée d’une désignation patrimoniale, à R5B[xxxx] H(23.5), Zone résidentielle de densité 5, assortie d’une exception et accompagnée d’une désignation patrimoniale, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
Documentation
1. Deputy City Manager's report Planning, Transit and the Environment dated 28 April 2010 (ACS2010-ICS-PGM-0084).
2. Extract of Draft Minutes, 11 May 2010.
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, 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, ext 22653Richard.Kilstrom@ottawa.ca
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 80 Florence Street from R4S [479], Residential Fourth Density Zone Exception 479 with a heritage overlay to R5B[xxxx] H(23.5), Residential Fifth Density exception Zone with a heritage overlay, as shown on Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 80, rue Florence de R4S [479], Zone résidentielle de densité 4, exception 479 accompagnée d’une désignation patrimoniale, à R5B[xxxx] H(23.5), Zone résidentielle de densité 5, assortie d’une exception et accompagnée d’une désignation patrimoniale, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
BACKGROUND
The property, which is located at the southwest corner of Florence Street and Kent Street, is approximately 924 square metres in area. The site is currently occupied by an eight-storey, 46‑unit, "mid-high rise" apartment building. The building steps down to three storeys on the southwest side and to one storey on southeast side facing Kent Street. The main building entrance and access to the 16-space underground parking area are from Florence Street. The building is known as the Chinese Community Apartment Building. An indoor gymnasium/amenity space of approximately 280 square metres currently occupies a portion of the ground floor. This space is used by residents and leased out to other user groups. The building is currently undergoing major maintenance work, with funding assistance from the inter-governmental Social Housing Renovation and Retrofit Program, and from Housing Programs at the City.
The site is located within a primarily residential segment of Centretown, situated along Kent and Florence Streets. The surrounding uses include a duplex and other low-profile dwellings to the west along Florence Street, a mixed-use development (restaurant and dwelling units) to the north across Florence Street, a mixed-use building and parking and car-sales lot to the east, across Kent Street, and an office use and vacant lot to the south.
Purpose of Zoning Amendment
The Chinese Community (Ottawa) Building Corporation is proposing to undertake extensive internal and external renovations to the existing apartment building. In addition, the owner is proposing to convert the existing internal amenity space, which currently occupies a portion of the ground floor facing Kent Street, into a leasable commercial space for such uses as retail, personal service business, artist studio, and office. The total of the area to be potentially converted will be approximately 280 square metres, including a potential storage/mezzanine area. The applicant initially requested that no parking be required for the additional commercial uses. The existing mid-high rise apartment building is legally non-conforming under the existing R4S zoning established by Zoning By-law 2008-250. The proposed R5B zoning will permit the existing mid-high rise apartment use as-of-right.
The property is currently zoned R4S [479], Residential Fourth Density Zone with a heritage overlay. The "S" subzone stipulates specific residential uses and performance standards. The permitted residential uses include: planned unit development, apartment low-rise, stacked dwellings, three-unit dwellings, detached, duplex, linked-detached, and semi-detached dwellings. In addition, the subzone stipulates specific yard setbacks, and maximum building height. Exception "479" allows for additional uses such as dwelling units and rooming house and rooming house converted to a maximum of 50 per cent of the gross floor area.
The proposed zoning amendment is to replace the current R4S zoning with a new R5B H(23.5) Residential Fifth Density Zone retaining the heritage overlay, and with an exception to allow a limited area and range of commercial and community serving uses on the property. The R5B zone allows for a range of residential uses that includes all those permitted under the basic R4 zone but adds apartment dwelling mid-high rise, dwelling unit, and with specific limitations, adds convenience store. The basic R5 zone also permits residential care facility and a shelter uses, which will be excluded in the recommended exception zone.
The H(23.5) imposes a building height limit of 23.5 metres. The proposed zoning provisions and exceptions also recognize the existing building setbacks and facilitate a minor reconfiguration of part of the existing parking garage allowing for the addition of one parking space.
DISCUSSION
Official Plan
Schedule B of the Official Plan (OP) – Urban Policy Plan designates the subject property as “General Urban Area”. Lands located within the General Urban Area are to contain a broad range of uses to facilitate the development of complete and sustainable communities. Intended uses in the General Urban Area include a range of housing types, employment, retail, services, cultural, and institutional facilities. The policies pertaining to non-residential uses are divided into two categories: commercial uses intended to provide for the everyday needs of the residents, such as locally-oriented retail and service uses, and uses that serve a broader area. Commercial uses, which serve wider parts of the City, are to be located at the edge of a neighbourhood and along major roads. The intent of the policies is to protect the character of residential neighbourhoods and to mitigate any possible impacts that non-residential uses may have on residential areas.
The proposed Zoning By-law amendment to allow for a limited area and range of commercial uses such as office, retail, and personal service business on the ground floor of an existing residential use building will satisfy the OP goals and objectives for the General Urban Area. The proposal will provide for locally-oriented commercial services within walking distance of a residential community and foster an improved pedestrian environment and street animation. The proposed uses will be limited to locations oriented to a major arterial, Kent Street, which is currently lined by a mix of residential and non-residential uses. The prominent residential component of the existing building will remain, continuing its compatibility with the surrounding residential neighbourhood.
Policies in Section 4.11 of the OP pertaining to Urban Design and Compatibility, direct that uses intended to contribute to supporting neighbourhood services be of a scale appropriate to the needs and character of the area. The proposed 280 square metre area available for commercial space is located primarily on the ground floor, within a space which is presently occupied by part of the indoor amenity space.
The recommended maximum floor area, ranging from 75 to 150 square metres for the added permitted uses, is intended help meet the potential needs of the surrounding community, while being limited to a size most conducive to serving a local market demand.
Section 4.11 of the OP also sets out policies to provide for having adequate parking available to support uses so as to not unduly impact adjacent areas. The subject area fronts onto Kent Street, a major arterial roadway, and is located just north of Gladstone Avenue, a major collector roadway, which is well served by the existing public transit system. It is anticipated that most clients of the proposed limited commercial/retail uses will walk or have the opportunity to take advantage of the existing public transit to get to the site. The recommended zoning provisions will allow for a minor revision to the originally approved layout of the underground parking area resulting in the provision of one additional parking space. There is existing on-street parking available along the north side of Florence Street and metered parking available on both sides of the adjacent portions of Kent Street. Since the size and types of commercial uses will be limited and oriented to the needs of the existing community, it is anticipated that there will be very minimal impact due to traffic or on-street parking on the adjacent residential neighbourhood. Florence Street is one-way eastbound, which will further mitigate against any parking or traffic impacts associated with the potential new uses.
Official Plan Policy 2.5.2 - 9 dealing with Affordable Housing directs that "The City will implement alternative development standards for affordable housing development such as reduced parking standards in areas serviced by transit." The recommended site-specific parking standard proposed for the existing affordable apartment building is in keeping with this OP policy
Policy 4.11.8 establishes guidelines for three categories of building height. The guidelines set the height of medium-rise buildings at five to nine storeys. The proposed rezoning to R5B recognizes the eight-storey height of the existing building, which is matched to the given intent of the R5 zone in permitting mid-high rise buildings, which are not permitted in the existing R4 zone.
Section 2.5.1. of the OP addresses Urban Design and Compatibility for proposed developments. The minor scale of the proposed development within an existing building will uphold the characteristics of the community and have the potential to work well in combination with the surrounding functions. The OP provides direction when evaluating a proposed infill development in the context of compatibility, based on specific criteria such as noise, lighting, and outdoor amenity areas. Any interior redevelopment facilitated by the recommended rezoning will have minimal impact on the abutting residential neighbourhood and will therefore maintain the residential character of the area.
The subject property is within a heritage overlay, and directly across from the Centretown Heritage District, which includes the lands on the east side of Kent Street at this location. The recommended rezoning maintains the heritage overlay, and is considered to have no impact on the heritage merit of the surrounding area.
Centretown Secondary Plan
The Centretown Secondary Plan (CSP) designates the subject property as Medium Profile Residential Area (MPRA). The MPRA designation calls for a variety of dwelling types and allows for uses accessory to, or compatible with the residential uses. The MPRA designation indicates that building heights are to be limited to approximately nine storeys. The recommended rezoning to an R5B zone allowing for a limited number of accessory uses and a building height equivalent to the existing eight-storey building is in keeping with the intent of the CSP policies.
Conclusion
The recommended rezoning will permit a limited amount of accessory use to be added to the existing primary residential use of the building and recognize the existing build type and height, while establishing provisions to ensure compatibility with the surrounding community.
The recommended rezoning is in keeping with the policies of the Official Plan, including the Centretown Secondary Plan, and merits approval.
RURAL IMPLICATIONS
CONSULTATION
There were four responses to the public notification. A summary of the comments and the staff response is provided in Document 3.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.
COMMENTS BY THE WARD COUNCILLOR(S)
Councillor Diane Holmes is aware of the recommended rezoning.
LEGAL/RISK MANAGEMENT IMPLICATIONS
If the above recommended is carried, and the matter appealed to the Board, it is anticipated that a two-day hearing would result. Should the by-law amendment be refused, reasons for the refusal must be provided. An outside planner would need to be retained at an estimated cost of $20,000. In this case, it is expected that a three-day hearing would result.
CITY STRATEGIC PLAN
The recommended rezoning is in keeping with the City’s Strategic Plan, Infrastructure Renewal strategy C4 to support the repair of City housing stock and with the Sustainable Healthy and Active City strategy E7 to be proactive in meeting the social housing needs of Ottawa residents. The recommended additional permitted uses will facilitate the potential for effective self-funding of the maintenance of an existing affordable housing building with funding assistance from the inter-governmental Social Housing Renovation and Retrofit Program, and from Housing Programs at the City. The limitations to new uses and performance standards of the recommended zoning are consistent with the Planning and Growth Management strategy F2 calling for respect of the existing urban fabric and neighbourhood form so that growth integrates seamlessly into existing communities. The recommended rezoning is consistent with the intent of the City’s Strategic Plan.
TECHNICAL IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
There are no direct financial implications associated with this report.
APPLICATION PROCESS TIMELINE STATUS
This application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the need to clarify the applicant's operational needs and unexpected anomalies identify in the existing zoning.
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
1. Rezone the subject property as shown on Document 1 from R4S [479] with a heritage overlay to R5B[xxxx] H( 23.5) with a heritage overlay
2. Add a new exception, R5[xxxx] H(23.5), to Section 239 including the following:
Additional Land Uses Permitted:
artist studio
office
personal service business
medical facility
community health & resource centre
retail store
retail food store
restaurant- full service
restaurant - fast food
bank
bank machine
Land Uses Prohibited
- residential care facility
- shelter
Provisions
- maximum gross floor area for all non-residential uses: 280.0 m²
- maximum gross floor area of 150.0 sq. m. for any one unit containing:
artist studio
office
personal service business
medical facility
retail store
retail food store
- maximum gross floor area of 75.0 sq. m. for any one unit containing:
- restaurant- full service
- restaurant - fast food
- all non-residential uses must have direct pedestrian access to and from Kent Street
- minimum number of parking spaces required per dwelling unit: 0.25 spaces
- minimum front yard setback 1.8 m.
- minimum rear yard setback 0 metres
- minimum interior side yard setback 0 metres
- the minimum required total amenity area is 250.0 square metres of which a minimum of 100.0 square metres must be communal amenity 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
There were four responses to the public notification, one of which had no comments.
SUMMARY OF PUBLIC INPUT
A summary of the issues cited by the respondents to the public notification are listed below along with the staff response to each:
1. Comment: The loss of the gymnasium space will mean the loss of a public space for numerous groups such as Tai Chi practitioners and a table tennis club, and a loss of space for resident’s exercise activities and Chinese community events.
Response: The recommended rezoning does not preclude maintaining all of the amenity space in the building and maintains a significant minimum amenity space requirement. The rezoning does limit the total area of the added uses such that some amenity space will remain on the ground floor of the building according to the proposed building renovation plan. The table tennis club has found alternative accommodations.
2. Comment: The City’s procedures for processing rezoning applications should provide more detailed information and due to construction on the site during the zoning application process the notification sign was removed.
Response: The information provided during the application processing was in keeping with City policy and procedures and the notification sign was reinstalled after staff were notified of its removal.
3. Comment: If there is no parking provided for commercial uses, the uses permitted should be those that generate low traffic volumes.
Response: The maximum floor area and limited range of permitted commercial uses as per the recommended rezoning have been selected to be oriented to serving the local community and to minimize the potential to generate traffic. The recommended rezoning provisions facilitate adding one more parking space as well as requiring parking for the commercial uses.