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2. ZONING - 1426 SCOTT STREET ZONAGE - 1426, RUE SCOTT |
Committee recommendations as
amended
(This application is subject to Bill 51)
That
Council approve:
1. An amendment to Zoning By-law 2008-250
to rezone 1426 Scott Street from the General Mixed Use GM[127]F(1.0)H(13.5)
Zone to a General Mixed Use GM[xxxx] F(1.0) H(13.5) zone to maintain the
provisions of the existing zone and to permit a parking lot for a temporary
period, as shown in Document 1 and detailed in Document 2.
2. That the by-law to
implement Recommendation 1 not be enacted until such time as a Site Plan
application for the parking lot is submitted and approved with an agreement
entered into or a letter of undertaking provided.
3. That approval of the temporary zoning
set out in Recommendation 1 be null and void if the requirements of
Recommendation 2 have not been satisfied within six months of approval.
4.
That the by-law not come
forward until the building is demolished.
RecommandationS modifiÉeS du Comité
(Cette question
est assujettie au Règlement 51)
Que le Conseil approuve:
1. une modification au Règlement de zonage
2008-250 afin de changer la désignation de zonage du 1426, rue Scott de Zone
d’utilisations polyvalentes générale GM[127]F(1.0)H(13.5) à Zone d’utilisations
polyvalentes générale GM[xxxx]F(1.0)H(13.5) en vue de maintenir les clauses de
la zone actuelle et de permettre un stationnement pour une période temporaire,
comme il est indiqué dans le Document 1 et expliqué en détail dans le Document
2.
2.
que
le Règlement visant à mettre en œuvre la Recommandation 1 ne soit pas
adopté tant que la demande de plan d’implantation pour le stationnement n’a pas
été soumise et approuvée, qu’une lettre d’entente n’a pas été signée ou qu’une
lettre d’engagement n’a pas été fournie.
3.
que
l’approbation du zonage temporaire présenté dans la Recommandation 1 soit nulle
et non avenue si les exigences de la Recommandation 2 ne sont pas satisfaites
dans les six mois suivant l’approbation.
4. que le Règlement ne soit pas présenté avant la démolition du bâtiment.
Documentation
1.
Deputy
City Manager's report, Infrastructure Services and Community Sustainability,
dated 15 January 2009 (ACS2009-ICS-PLA-0020).
2. Extract
of Draft Minutes, 27 January 2009.
Report to/Rapport au :
Planning
and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
15 January 2009 / le 15 janvier 2009
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 : Grant Lindsay,
Manager/Gestionnaire, Development Approvals/Approbation des demandes
d'aménagement, Planning and Growth Management/Urbanisme et Gestion de la
croissance
(613) 580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
1. That the recommend Council approve an amendment to Zoning By-law 2008-250
to rezone 1426 Scott Street from the General Mixed Use GM[127]F(1.0)H(13.5)
Zone to a General Mixed Use GM[xxxx] F(1.0) H(13.5) zone to maintain the
provisions of the existing zone and to permit a parking lot for a
temporary period, as shown in Document 1 and detailed in Document 2.
2. That the by-law to implement Recommendation 1
not be enacted until such time as a Site Plan application for the parking lot
is submitted and approved with an agreement entered into or a letter of undertaking
provided.
3. That
approval of the temporary zoning set out in Recommendation 1 be null and void
if the requirements of Recommendation 2 have not been satisfied within six
months of approval.
RECOMMANDATIONS DU
RAPPORT
1. Que
le Comité de l'urbanisme et de l'environnement recommande au Conseil
d’approuver une modification au Règlement de zonage 2008-250 afin de changer la
désignation de zonage du 1426, rue Scott de Zone d’utilisations polyvalentes
générale GM[127]F(1.0)H(13.5) à Zone d’utilisations polyvalentes générale
GM[xxxx]F(1.0)H(13.5) en vue de maintenir les clauses de la zone actuelle et de
permettre un stationnement pour une période temporaire, comme il est indiqué
dans le Document 1 et expliqué en détail dans le Document 2.
4.
Que
le Règlement visant à mettre en œuvre la Recommandation 1 ne soit pas
adopté tant que la demande de plan d’implantation pour le stationnement n’a pas
été soumise et approuvée, qu’une lettre d’entente n’a pas été signée ou qu’une
lettre d’engagement n’a pas été fournie.
5.
Que
l’approbation du zonage temporaire présenté dans la Recommandation 1 soit nulle
et non avenue si les exigences de la Recommandation 2 ne sont pas satisfaites
dans les six mois suivant l’approbation.
BACKGROUND
The subject property is located on the south side of Scott Street, between Stirling Avenue and Pinhey Street. The southern portion of the subject property is currently occupied by a small one-storey building with the remainder of the site being paved and vacant. While a parking lot is not a permitted use on the property, the applicant has been using the paved area of the site for that purpose. In order to legalize the parking lot, the applicant has filed this rezoning application. Although the applicant has asked that a parking lot be allowed permanently, the Department is recommending that it be permitted for only a temporary period, in accordance with the provisions in the Planning Act.
DISCUSSION
The Official Plan designates the subject property as General Urban
Area. Lands with this designation are
intended to be developed with a full range and choice of housing types to meet
the needs of the public. Conveniently
located employment, retail, service, leisure and other non-residential uses are
also anticipated, with a view to creating complete and sustainable communities.
While the Official Plan calls for a broad mix of uses on lands
designated General Urban Area, this does not imply that any use is appropriate
at any location. The Zoning By-law
establishes the types of uses permitted on a property and with any rezoning
proposal, the City must be assured that it is compatible and appropriate with
surrounding uses. The Official Plan
contains a number of policies to evaluate a rezoning proposal, along with its
ability to enhance and complement the desirable characteristics of the existing
community and ensure its long-term vitality.
The Official Plan indicates that when evaluating applications, one
must recognize the existing community character so that new development or
permitted land uses enhance and build upon desirable established patterns of
built form. The Department notes that
abutting uses to the south and east are low density residential, while to the
west is a community centre. To the
north is the Transit Way, a place of worship, a residential apartment building
and low density dwellings. Given the
surrounding uses, it is the Department's position that the property should be
developed to accommodate a use permitted by the current zoning to advance the
policy objectives of the Official Plan relating to maximizing the use of
land. A building on the subject
property at the street edge would strengthen the character of Scott Street and
add to the vitality of the community.
Allowing a parking lot as a permanent use would be detrimental to the
long term vitality of this section of Scott Street.
In addition to the policies contained under the General Urban Area
Designation, the Official Plan also refers to policies in Sections 2.5.1. and
4.11. These sections pertain to urban
design and compatibility considerations for development proposals, to provide
for a good fit with its urban context.
As such, these policies also support long-term development of the
property that is compatible and complementary with surrounding uses, such as a
residential, a commercial or a mixed-use residential/commercial
development.
To permit the owner the ability to generate income from the site,
while opportunities for the long-term use of the property in accordance with
Official Plan policies are explored, the Department is supportive of allowing
the existing parking lot for a temporary period of two years.
Recommendations 2 and 3
While the temporary parking lot is subject to Site Plan Control
approval and such approval is necessary to address issues such as screening,
landscaping, stormwater runoff and compatibility with surrounding uses,
Recommendations 2 and 3 will help ensure that the temporary parking lot
addresses these issues in a timely manner, otherwise the use will not be
permitted. Furthermore, as the parking
lot currently exists, it is recommended that the starting date of the temporary
zoning be from the date this submission proceeds to City Council for approval
and not the date the Site Plan is approved.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Concerns were raised relating to Site Plan issues, such as stormwater runoff and fencing. The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS TIMELINE STATUS
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments as other zoning applications relating to allowing development were processed in advance of this one.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details of Recommended Zoning
Document 3 Consultation
Details
DISPOSITION
City Clerk and Legal Services Branch, Legislative Services to notify the owner, 1350825 Ontario Ltd. c/o Firooz Hatam, 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.
Infrastructure Services and Community Sustainability Department 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
The subject property will be rezoned to a new exception that will maintain all of the current provisions of the GM[127] F(1.0) H(13.5) zone and add the following:
A parking lot is permitted for a period of two years, starting February 11, 2009 and ending February 11, 2011.
CONSULTATION DETAILS DOCUMENT
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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. Two public comments and a comment from the Hintonburg Community Association were received from the public notification process. A summary of comments and a response to the comments are provided below.
SUMMARY OF PUBLIC INPUT
1. I don't have a problem with the property being used for parking but the parking lot has been recently paved and we believe that water runnoff and snowmelt will now be directed to our property and this drainage will cause problems.
Response
Parking lots, even temporary ones, are subject to the City's Site Plan Control process and stormwater runoff will be addressed as part of this process.
2. I don't have any major objections to the use of the property as a parking lot, it's just that cars back into the fence along the property line and damage it. There needs to be a buffer established between cars and the fence.
Response
The protection of fences will be addressed as part of the Site Plan Control process.
3. What is planned for the vacant building on the property?
Response
The use of the building on the property is up to the discression of the property owner, however, it should correspond to a use permitted in the Zoning by-law.
4. How was the owner able to pave the lot prior to the City giving approval for the parking lot?
Response
Planning aproval is not required for the paving of the lot but as part of the Site Plan Control process the Department will address the impact of stormwater runoff.
5. How has he been able
to operate for the last three years or so, without City approval?
Response
Zoning infractions are brought to the City’s attention on a complaint basis. The City does not have the resources to proactively search for infractions, such as the subject parking lot.
COUNCILLOR’S COMMENTS
Councillor Leadman is aware of this application.
COMMUNITY ORGANIZATION COMMENTS
The Hintonburg Community Association provided the
following comments.
The Hintonburg Community Association is prepared to consider a
temporary rezoning of this property for use as a parking lot. We understand that the present owner was
given permission to establish this use by some City staff, without a review of
by-law conformity of the proposed use.
According to our files, when this property was rezoned (during the
preparation of by-law 93-1998) from residential to General Commercial (CG),
parking was excluded from the list of permitted uses. A gas bar (then the current use), was permitted by
exception. There was a subsequent
rezoning to add car dealership as a permitted use. An application to add daycare as a permitted use was initiated
but never completed.
This is not an appropriate location for a parking lot since it is
located half way between the transitway stations at Bayview and Tunney's
Pasture. The CG (now a GM zone) was
chosen by the City and the Hintonburg Community Association to promote a
small-scale employment or community-serving use adjacent to Scott Street, a bus
arterial road.
We do not oppose granting the present owner a temporary re-zoning to
allow the parking use to remain, but only under the following conditions:
- Landscaping
along Stirling Avenue and at least at the corners of the Scott Street
frontage.
- Removal
of the existing structure, which has been defaced by graffiti and attracts
the dumping of garbage.
- Grading
of the parking lot in order to protect adjacent properties from run-off.
regular maintenance
of the landscaping and the lot.
We notice that the owner has paved the lot while the application has
been circulating and that he has not been diligent about removing weeds,
garbage and graffiti as agreed to at a meeting with the Hintonburg Community
Association in January 2008.
Response
In accordance with the Site Plan Control By-law, a temporary parking lot is subject to Site Plan Control. As a result, issues such as landscaping, screening and stormwater runoff will be addressed through that process. While the City cannot require a building to be demolished, unless it is a fire hazard, the appearance of the existing structure and regular maintenance of the site are issues that can be addressed through the Property Standards By-law.