John Dance
• The new Zoning By-Law (ZBL) would allow
greater dwelling unit density across the City,
but disproportionately more in older core
areas including Old Ottawa East.
• ZBL’s guiding principles of equitable
treatment for all communities are
questioned in relation to dwelling density
limits and lot size for suburban and urban builds.
• Existing zoning for parking, streetscape,
soft landscaping, and tree canopy will all be
scrapped under the new proposed rules.
There is every reason to expect that the City of Ottawa’s recently tabled zoning by-law (ZBL) will have enormous potential impact on Old Ottawa East (OOE). That much seems blatantly evident when one compares the housing density of OOE’s recently developed Greystone Village neighbourhood to what would have been possible there and in other neighbourhoods if the new draft ZBL provisions had been in effect when Greystone was constructed.
Had the new proposed ZBL been in place when the institutional lands (Oblates and Sisters) were being redeveloped, more than 50 percent additional “dwelling units” could have been built. With the proposed conversion of the current “R” residential zones to “N” neighbourhood zones, much of the rest of OOE has the potential for a similar degree of intensification.
In 2012, the OOE Secondary Plan (OOESP) set a target (not an upper limit) of 1,000 dwelling units for the approximately 10 hectares of institutional lands upon which Greystone Village has been built. The target has been exceeded with a total of about 1,600 units that have been built, are approved or are planned for construction. Had the proposed ZBL – with its allowable 250 dwelling units per hectare (DUH) – been in force, the institutional lands would have been allowed to have 2,500 DUH.
The crisis in housing supply, the need for more affordable housing and related provincial and federal requirements are driving radical revision of the ZBL, which, as currently proposed, would basically allow greater density everywhere, but more so in central areas such as OOE, and near transit stations and major corridors like Main Street and Hawthorne Avenue.
Within the draft ZBL, many zoning provisions like building height, setbacks, and parking restrictions are being relaxed in a push to allow larger buildings throughout the City. Specifically, the draft ZBL tabled in April simplifies current zoning and converts the “R” residential zoning to “N” neighbourhood zones. OOE currently has large areas of R1 (lowest density), including most of the area south of Clegg Street, and considerable R3 (medium density) north of Clegg. Under the draft ZBL, OOE’s R1 zone would become N3 for buildings within 150 metres of Main, Hawthorne or Lees Avenue, and N2 for buildings farther away.
OOE’s R3 zone would become N4 for buildings near the major streets and N3 elsewhere. Those areas of OOE in the Rideau River floodplain will not have changed densities. In the N3 zone, the permitted density would be 250 DUH, whereas current R1 density is 33 DUH and R3 density is 100 DUH.
A key question that remains is whether the policies established in the OOESP will be maintained. The OOESP provides key height and density restrictions throughout the community and has several provisions to preserve neighbourhood characteristics. Details on the specific proposed new zoning for OOE had not been provided to The Mainstreeter by the City at the time of this writing. The draft ZBL may have provisions that ignore both the OOESP and other City policies that benefit neighbourhoods. For instance, the City proposes to scrap the “streetscape character analysis” that limited the negative impacts of new buildings on existing streetscapes.
Equitable?
“The guiding principles of the new ZBL are that it will be efficient, effective and equitable,”
notes the City report that makes the case for changes. “An equitable zoning by-law ensures the intent of the Official Plan is implemented equally and consistently across the City, that certain neighbourhoods are not treated differently or affected disproportionately than other neighbourhoods.”
Yet the proposed new densities do not appear to be “equitable” across the City. Most of the R1 properties of OOE are proposed to become N3, with a maximum dwelling unit density of 250 DUH while in the suburbs the R1 properties become N2 with a proposed maximum density of only 150 DUH.
A related aspect of equity pertains to lot size. In general, lots in the core are smaller than those in the suburbs yet both may have up to four dwelling units per lot regardless of lot size. Assuming the lot cost is roughly the same, then a developer would be able to create a four-unit building more readily on a suburban lot and have more spacious units on a larger suburban lot.
City staff have continued to make the point that the much greater densities promoted by the new ZBL provisions will be gradually implemented. That said, the changes may turn communities like OOE into permanent large construction zones, if indeed there is gradual implementation or “gentle intensification,” as City staff tends to describe it.
Parking and Trees
The draft ZBL proposes that residential parking for new builds will no longer be required, although large developments will still require some visitor parking, albeit less than in current zoning provisions. Similarly, a maximum number of parking spaces will be permitted for developments within 600 metres of “existing and funded rapid transit stations.”
A report prepared by City staff for councillors downplays the impact of eliminating the need for parking spaces, basically arguing that street parking will accommodate new parking requirements. One new proposed parking provision would permit front-yard parking where a driveway leading to a garage would otherwise have been permitted.
The impact of greater density on the tree canopy is not clear. A number of provisions, such as prescribed “soft landscaping,” are proposed to support trees. The Community Associations for Environmental Sustainability (CAFES) “welcomes” the City’s willingness to “regulate space for trees,” through the new bylaw but argues that the draft provisions are inadequate. CAFES recommends that a “minimum contiguous 25 square metres of the total rear yard be soft landscaped,” and a “required minimum six-metre front yard setback wherever possible in urban transects [to] allow for a medium canopy tree.”
The City is proposing to limit the extent to which underground parking structures can extend to the lot line “to preserve enough soil volume for a tree to grow to maturity.” Last year, OOECA strongly but unsuccessfully objected to the proposed underground parking garage of the 18 Hawthorne Avenue development because it would extend to the rear lot line and result in the removal of several large canopy trees and, further, it would prevent large canopy trees from growing along the lot line. The objection was largely ignored and the City originally told the community association it couldn’t regulate underground structures. Now, the draft ZBL indicates there has been a change of heart.
Engagement
Most of the consultation on the proposed ZBL has been virtual with few in-person sessions, and it seems this pattern will continue. “Open houses will occur by ward in coordination with the local councillor,” says the staff documentation. The City is targeting final approval of the new ZBL by the end of 2025.
The OOECA Planning Committee is closely following the development of the new ZBL, welcomes residents’ comments (email: planning.committee@ottawaeast.ca), and will be submitting comments to the City throughout the consultation process. Details about the ZBL are at https://engage.ottawa.ca/zoning and news and updates are available by emailing newzoning@ottawa.ca.