Dr. Hossen Lokhat

Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment

June 24, 2010

Prepared by:

14 Colonnade Road, Suite 150 ON K2E 7M6

Table of Contents

1.0 Introduction...... 1

2.0 Overview of Subject Property...... 1

3.0 Current Zoning for the Site ...... 2

4.0 History of Zoning for the Site ...... 2

5.0 Area Context and Adjacent Uses...... 3

6.0 Transportation and Transit Network ...... 3

7.0 Proposed Zoning ...... 3

8.0 Policy Framework ...... 3 8.1 Provincial Policy Statement (2005)...... 3 8.2 City of Ottawa Official Plan (2003)...... 4

9.0 Regulatory Framework ...... 7 9.1 City of Ottawa Comprehensive Zoning By-law 2008-250...... 7

10.0 Requested Zoning By-law Amendment ...... 8

11.0 Rationale for Requested Zoning By-law Amendment...... 9

12.0 Conclusion ...... 9

Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment

1.0 Introduction

This Planning Rationale has been prepared in support of a Zoning By-law Amendment for lands located at 348 Woodroffe Avenue.

The purpose of the Planning Rationale is to assess the appropriateness of the proposed use of the site and the requested Zoning By-law Amendment within the context of the surrounding community, the City’s regulatory and policy framework with respect to the proposed use of the lands.

2.0 Overview of the Subject Property

The site is located on the west side of Woodroffe Avenue north of south of Flower Avenue and directly across from the Shopping Centre.

The property is half of a semi-detached dwelling unit with a medical facility on the ground floor and a dwelling unit on the second floor. The ground floor was converted from residential use to a medical facility without the benefit of the necessary approvals. The owner of the property Dr Hossen Lokhat uses the ground floor for his medical practice and rents the dwelling unit on the second floor.

The other half of the semi-detached dwelling is owner occupied.

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1 Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment

3.0 Current Zoning for the Site

The existing zoning for the site under Zoning By-law 1998 was R4B with an exception to permit a ground floor medical facility as a temporary use for three years. This zoning has been in place since April 2004 and was approved on a temporary three year basis again in July 2007.

By-law 2008-250 zones the site R4D[984] which permits a medical facility and dwelling unit as additional uses for a temporary three year period commencing July 11, 2007 and expiring on July 10, 2010 at which time the lands will revert to the parent R4D zone. A medical facility is only permitted on the ground floor and a dwelling unit is only permitted on the second floor.

4.0 History of Zoning for the Site

On July 25, 2002 the former Planning and Development Committee recommended Council reject the 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. Staff had supported the zoning application. The matter was appealed by the applicant to the Municipal Board. On March 28, 2003 the Board dismissed the appeal on evidence presented by the local community group and Councillor. An amending OMB order issued on 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. Based on the outcome of this meeting the applicant submitted his second Zoning By-law amendment application 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 for his practice.

2 Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment

5.0 Area Context and Adjacent Uses

The subject property is immediately north of an Arterial Mainstreet designation along Carling Avenue and across the street from Carlingwood Shopping Centre which is zoned GM – General Mixed Use Centre in the City’s Zoning By-law. The Carlingwood Shopping Centre generates considerable traffic in the area. Commercial businesses are located along both sides of Carling Avenue in this area and there are a number of home-based businesses located along Woodroffe Avenue north of the subject property. In my opinion the continuation of a medical facility at the subject location will not have a negative impact on the area.

6.0 Transportation and Transit Network

Woodroffe and Carling Avenues are both existing arterial roads on Schedule E of the City’s Official Plan. Carling Avenue is also designated as a Future Rapid Transit Corridor on Schedule D of the Official Plan. There is currently local bus service along Woodroffe Avenue in front of the site. The subject site is located on an arterial road across the street from Carlingwood Shopping Centre and its associated parking facilities.

7.0 Proposed Zoning

The proposed zoning is R4D with an exception to permit a medical facility on the ground floor and a dwelling unit on the second floor on a permanent basis. There is not proposed to be any physical changes to the existing semi-detached dwelling unit. There is a driveway on the south side of the building abutting the Arterial Mainstreet zone that serves as the access to the rear yard where patient parking is permitted. The rear yard has been asphalted and five parking spaces are proposed at the rear of the building.

8.0 Policy Framework

This section will provide an overview of key land use policies that affect the property and will demonstrate how the proposed development conforms to the land use objectives applicable to the site.

8.1 Provincial Policy Statement (2005) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development across Ontario. One strong theme found throughout the PPS is the intensification of built-up areas in order to efficiently use land, existing infrastructure, and existing public service facilities. Such efficiencies enable planning authorities to achieve the PPS’s policy that an appropriate range and mix of employment opportunities,

3 Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment housing and other land uses meet projected needs for a time horizon of up to 20 years (Section 1.1.2). As a result of this mandatory target, the PPS clearly states that planning authorities shall identify and promote opportunities for intensification and redevelopment (Section 1.1.3.3).

The PPS directs that land use planning shall be carried out in a manner that:

• Promotes efficient development patterns that contribute to long-term sustainability across on a province-wide basis as well as in local communities; • Takes advantage of opportunities for intensification and redevelopment that optimize the use of existing or planned infrastructure and public service facilities; • Promotes a compact built form which supports the use of alternative transportation modes and public transit.

Findings The PPS promotes intensification and redevelopment opportunities within built up areas where existing or planned infrastructure can support development (Policy 1.1.3.3) and (Policy 1.1.3.7). The proposed use supports the policies of the PPS by providing a medical facility within the City’s urban area where infrastructure and services already exist. The use takes advantage of an available opportunity to provide compact, transit-supportive development adjacent to Carling Avenue which is designated as a Future Rapid Transit Corridor.

The proposed use also promotes an efficient, cost effective pattern of development, is located within proximity of a range of community services and amenities, is well-oriented within the city’s roadway and transit system and stimulates economic growth.

8.2 City of Ottawa Official Plan (2003) The Official Plan designates the site as General Urban Area which permits 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, 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.

4 Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment

Official Plan Schedule B

Section 2.5.1 Compatibility and Community Design Section 2.5.1 of the Official Plan addresses Compatibility and Community Design for new development particularly as it relates to infill and redevelopment within established areas. Infill development must be sensitive to and compatible with the existing community fabric. The proposed use draws upon the characteristics of the community to fit well in its context and work well among its surrounding functions. The accompanying compatibility criteria in Section 4.11 of the Official Plan provide a comprehensive means by which to assess the compatibility of infill development.

Findings In our opinion the proposed medical facility use meets the following applicable objectives in Section 2.5.1 of the Official Plan:

• To create places that are safe, accessible and are easy to get to and move through. • To ensure that new development respects the character of existing areas. • To consider adaptability and diversity by creating places that can adapt and evolve easily over time and that are characterized by variety and choice.

Section 4.11 – Compatibility The compatibility criteria in Section 4.11 of the Official Plan provides a comprehensive means by which to assess the compatibility of infill development. Criteria used to evaluate compatibility

5 Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment includes: traffic, vehicular access, parking, height and massing, pattern of surrounding community, outdoor amenity area, loading, service and outdoor storage areas, lighting, noise and air quality, sunlight, microclimate and supporting neighbourhood services. Not all of these are applicable to each development.

Having carefully considered the above measures of compatibility against the proposed use it is evident that the suggested medical facility use is appropriate for this area. In my opinion the ground floor medical facility is compatible with the immediate area, enhances the existing assets of the community and compliments the scale and type of development along Woodroffe Avenue.

Findings Traffic: The existing capacity of the road network is sufficient to safely accommodate traffic generated by the medical facility.

Vehicular Access: Surface parking will be accessed via a driveway along the south side of the property. The rear of the property has been asphalted and can accommodate up to 5 parking spaces for patients. A solid wood fence separates the amenity area of the other half of the semi- detached house. There will be no disruption from noise or headlight glare to adjacent properties.

Parking Requirements: Up to five surface parking spaces can be accommodated in the rear yard of the property. The Zoning By-law requires that a medical facility provide 4 parking spaces per 100 square metres and a semi-detached dwelling requires 1 space per dwelling unit. Therefore the minimum parking requirements can be met on the site.

Building Height and Massing: There is no change proposed to the existing semi-detached dwelling.

Pattern of Surrounding Community: The subject property is immediately north of an Arterial Mainstreet along Carling Avenue and across the street from Carlingwood Shopping Centre which is zoned GM – General Mixed Use Centre in the City’s Zoning By-law. The Carlingwood Shopping Centre generates considerable traffic in the area. Commercial businesses are located along both sides of Carling Avenue in this area and there are a number of home-based businesses located along Woodroffe Avenue north of the subject property. In my opinion the continuation of a medical facility is consistent with the pattern of the surrounding community.

Outdoor Amenity Area: The use will continue to respect the privacy of outdoor amenity areas of adjacent residential units. Fencing exists around the perimeter of the property and divides the two semi-detached units.

Loading Areas, Service Areas and Outdoor Storage: Loading, service areas and outdoor storage are not applicable to the proposed use.

6 Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment

Lighting: Lighting will continue to minimize glare and spill over onto adjacent properties.

Noise and Air Quality: No noise or air quality impacts have been identified with respect to the proposed use.

Sunlight: Since there are no physical changes proposed to the existing semi-detached dwelling there are no sun shadowing impacts associated with the medical facility use.

Microclimate: No micro climate conditions have been identified.

Supporting Neighbourhood Services: The proposed use is located in walking distance to a wide range of community services such as parks, schools, emergency services and will contribute to the network of community services in this area.

9.0 Regulatory Framework

9.1 City of Ottawa Comprehensive Zoning By-law 2008-250 The site is zoned R4D[984] which is a Residential Fourth Density zone and allows a wide range of residential building forms ranging from detached to low rise apartment buildings, in some cases limited to four units and in no case more than four storeys in areas designated as General Urban Area in the Official Plan.

Exception [984] permits a medical facility on the ground floor and a second floor dwelling unit. The uses are permitted for a temporary three-year period commencing July 11, 2007 and expiring on July 10, 2010 at which time the lands will revert to the parent R4D zone.

7 Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment

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Findings The proposed medical facility is not a permitted use under the R4 zoning and therefore a zoning amendment is required to permit the use on a permanent basis.

10.0 Requested Zoning By-law Amendment

The Zoning Amendment requested for the subject property would rezone the lands from R4D[984] to R4D [xxx] and will be subject to the following:

1. Additional permitted uses: dwelling unit and medical facility 2. Additional zoning provisions: (a) medical facility is only permitted on the ground floor; (b) a dwelling unit is only permitted on the second floor; (c) the lot width and lot area requirements for a semi-detached house in an R4B zone apply.

8 Planning Rationale for 348 Woodroffe Avenue: Zoning By-law Amendment

11.0 Rationale for Requested Zoning Amendment

It is our opinion that the requested Zoning By-law amendment represents good land use planning and is appropriate for the subject property for the following reasons:

• The use conforms with Provincial Policy Statement policies with respect to intensification and infill development, particularly related to compact, transit-oriented development in the urban area.

• The use conforms with the Official Plan goals, objectives and policies for the General Urban Area designation particularly with respect to intensification and compact development that is transit-oriented.

• Complies with the City’s compatibility criteria established in the Official Plan (Section 2.5.1 and 4.11). In our opinion there are no compatibility issues with respect to the use including provisions related to traffic, vehicular access and parking, outdoor amenity area, lighting or sun shadow impacts. The medical facility use has received considerable public support in the past and Dr Lockhat’s medical practice is considered to contribute positively to the community.

• The medical facility use has existed at the subject property since 2002 when Dr Lokhat purchased the property. In our opinion the use does not represent an intrusion into the residential neighbourhood and does not have the effect of extending the commercial zoning along Woodroffe Avenue. The property retains a residential dwelling unit on the second floor and functions similarly to other businesses operating from private homes along Woodroffe Avenue.

12.0 Conclusion

Based on the analysis presented in this rationale, it is concluded that the proposed medical facility is appropriate for the site, is compatible with its surroundings and enhances the existing character of the community. The development is consistent with the intent of the applicable policy and regulatory documents.

The proposed use represents good land use planning and is in the public interest, providing an intensification opportunity in the urban area and contributes to transit-oriented development. The medical facility will continue to contribute to a range of services and community amenities in the area and fulfills the planned function of the community.

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