Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
27 October 2010 / le 27 octobre 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, Acting Manager/Gestionnaire intérimaire, Development Review-Suburban Services/Examen des projets d'aménagement-Services suburbains, Planning and Growth Management/Urbanisme et Gestion de la croissance
(613) 580-2424, 15134 Derrick.Moodie@ottawa.ca
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REPORT RECOMMENDATIONS
That the recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of a part of 2411 Page Road from Residential First Density Zone, Subzone WW (R1WW) to Residential First Density, Subzone WW - Exception Zone (R1WW - [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 de zonage no 2008-250 afin de changer le zonage d’une partie du 2411, chemin Page, de Zone résidentielle de densité 1, sous-zone WW (R1WW) à Zone résidentielle de densité 1, sous-zone WW, assortie d’une exception (R1WW – [XXXX]), comme le montre le document 1 et l’explique le document 2.
BACKGROUND
This application affects a part of 2411 Page Road. The 1369.6-square metre subject land is located on the east side of the T-intersection of Page Road and Silverbirch Street. The subject land contains a three-unit dwelling and has a lot frontage of 21.34 metres to a depth of 64.18 metres. The site is surrounded pre-dominantly by single-family detached dwellings, save and except the property directly abutting to the south, which is a similar use to the subject land, and the lands to the east, which are zoned for light industrial uses.
Existing Zoning
The Zoning By-law zones the subject site “Residential, First Density, Subzone WW” (R1WW). The zoning restricts the building form to a detached dwelling on a minimum lot area of 450 square metres and a minimum lot frontage of nine metres.
Purpose of Zoning Amendment
Once severance application D08-01-09B/B-00400 takes effect and a new lot (2409 Page Road) is created, the remainder of the lot, known as 2411 Page Road, which contains a legal non-conforming three-unit dwelling plus associated parking and landscaping, will lose its legal non-conforming status. The purpose of the subject application is to amend the Zoning By-law to permit the existing legal non-conforming status of the three-unit dwelling.
DISCUSSION
According to the Official Plan the subject land is designated “General Urban Area”. This designation promotes the development of a full range and choice of housing types to meet the needs of all ages, incomes and life circumstances, in combination with conveniently located employment, service, cultural, leisure, entertainment, and institutional uses. It further promotes mixed-use communities that are diverse and adaptable to changing needs. The primary land use in this designation is intended to be residential; however other ancillary commercial and institutional uses may also be permitted subject to criteria.
The policies of the Official Plan support the proposal as it is an urban infill occurring within the Urban Area on existing municipal services. It will also diversify the stock within the housing market and offer different choices for the changing needs of the community.
The zone being proposed for the part that contains the existing residential building is Residential First Density Zone, Subzone WW – Exception X zone. This exception will permit the three-unit dwelling as a use. The owner’s intent is to regularize an existing use’s legal non-conforming status, which will otherwise be lost as a result of severance D08-01-09B/B-00400.
Servicing Issues
No circulated technical agencies have identified noise, traffic or servicing issues as a result of this proposal.
Summary
Staff is confident that the three-unit dwelling and all associated parking can be accommodated within the lot area proposed. The proposed use also does not burden the existing water, sewer and stormwater capacities of the neighbourhood. Regularizing an existing residential use will not affect the current residential character of the neighbourhood. By continuing to allow a different form of housing and diversifying the housing stock within the neighbourhood, it will fulfill a need within the community.
The Zoning By-law Amendment proposal for 2411 Page Road with the existing three-unit dwelling is considered appropriate in this particular case.
Staff recommend approval of this Zoning By-law amendment application.
RURAL IMPLICATIONS
N/A
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy and the details are shown in Document 3.
COMMENTS BY THE WARD COUNCILLOR
The Ward Councillor is aware of this application and the staff recommendation.
LEGAL/RISK MANAGEMENT IMPLICATIONS
There are no legal/risk management implications associated with this report.
CITY STRATEGIC PLAN
The application is consistent with the Planning and Growth Management priority which encourages the infill and intensification of lands designated General Urban Area.
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
Rezone the subject lands as shown on Document 1 from R1WW to R1WW[XXXX];
Add a new exception, R1WW[XXXX] to Section 239 including the following:
- in column II the text R1WW[XXXX];
- in column III the text “- three unit dwelling”
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. Due to the level of interest this application generated, it was deemed that a public meeting would not be held in the community.
PUBLIC COMMENTS
There has been some concern from the public. The main concern has been whether or not to allow the existing use to continue into perpetuity or to have the zone revert back to the dominant zone, thereby allowing the neighbourhood to evolve to the single detached dwelling theme and character originally envisioned by the Zoning By-law.
SUMMARY OF PUBLIC INPUT
One respondent wrote in voicing concern that by rezoning the part containing the existing three-unit dwelling, it would allow the use into perpetuity thereby conflicting with the single-detached residential character that the City was hoping to achieve for Page Road. The same respondent also feared that by supporting a rezoning for a multi-use residential would open the door for other existing non-conforming uses along the Page Road strip to be regularized.
Response:
The Department is of the opinion that regularizing/permitting a three-unit dwelling to continue at its current location will not create a precedent. If other existing non-conforming uses along Page Road seek to be regularized/permitted, each case will be reviewed based on its own merits and the appropriateness of such a use at its location.
Permitting the existing three-unit dwelling to continue indefinitely at the current location will not conflict with the low density residential character of the area that the City is attempting to maintain and to promote along Page Road. The subject land is at the T-intersection of Silverbirch Street and Page Road and also backs directly onto lands zoned for light industrial uses.
Regularizing an existing residential use will not affect the long-term vision of the neighbourhood. Instead it will fulfill a need within the community by allowing a diversified housing stock.