Report to / Rapport au:

Planning and Development Committee

Comité de l’urbanisme et de l’aménagement

04 October 2002 / le 04 octobre 2002

Submitted by / Soumis par: Ned Lathrop, General Manager / Directeur général

Development Services Department / Services d’aménagement

Contact / Personne-ressource: Grant Lindsay, Manager Development Approvals / Gestionnaire, Approbation des demandes d’aménagement

580-2424, Ext. 13242, grant.lindsay@ottawa.ca

Ref N°: ACS2002-DEV-APR-0186

SUBJECT: CASH-IN-LIEU OF PARKING – 256 KING EDWARD AVENUE

OBJET: RÈGLEMENT FINANCIER DES EXIGENCES DE STATIONNEMENT – 256, AVENUE KING EDWARD

REPORT RECOMMENDATIONS

That Planning and Development Committee approve a Cash-in-Lieu of Parking Application, subject to the following conditions:

1. That a Cash-in-Lieu of Parking Agreement be entered into with the Registered Owner of 256 King Edward Avenue, exempting the Owner from providing 28 parking spaces for the construction of a two-storey addition to an existing three-storey special needs house operated by the Shepherds of Good Hope, which agreement shall provide for as follows:

a) The payment shall be in the amount of $28.00;

2. That the Agreement be entered into to the satisfaction of the Director of Legal Services and that full payment be received upon execution of the agreement.

3. That the approval be considered null and void if the provisions of Condition 2 above have not been fulfilled within six months of the date of approval.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme et de l’aménagement approuve une demande de règlement financier des exigences de stationnement sous réserve des conditions suivantes :

1. qu’un accord de règlement financier des exigences de stationnement soit conclu avec le propriétaire inscrit du 256, avenue King Edward, le dispensant de fournir 28 espaces de stationnement pour l’ajout de deux étages à une maison de logements spéciaux existante de trois étages exploitée par les Bergers de l’espoir, et que cet accord prévoit ce qui suit :

a) le paiement s’élèvera à 28 $ ;

2. Que l’accord soit conclu à la satisfaction du directeur des Services juridiques et que le paiement intégral soit reçu au moment de la conclusion de l’accord.

3. Que l’approbation soit considérée comme nulle et sans effet si les dispositions de la condition 2 mentionnée précédemment ne sont pas remplies dans les six mois suivant la date de l’approbation.

BACKGROUND

This application has been brought forward to Planning and Development Committee due to the applicant requesting consideration of a reduced cash payment-in-lieu of providing the required parking for their proposal. A nominal fee of $1.00 per space has been requested by the applicant. The Development Services Department, through the Director of Planning and Infrastructure Approvals, does not have delegated authority for approval of a reduced payment.

The site is located at the southwest corner of King Edward Avenue and Murray Street. The property is presently occupied by a three-storey, special needs house operated by the Shepherds of Good Hope.

An application for Cash-in-Lieu of Parking was initially received on July 17, 2002, requesting an exemption from providing 15 parking spaces to permit a two-storey addition on top of the existing structure to accommodate 20 additional rooms.

On September 18, 2002, the applicant amended their application to increase the number of cash-in-lieu of parking spaces from 15 to 28. The on-site Public Notification sign was adjusted to reflect this new number. The existing special needs house had a legal non-complying right to provide 22 parking spaces, as per a 1999 approved site plan. In the last year, the existing parking lot was re-asphalted and 18 parking stalls were demarked having a layout that was different from the approved site plan. Technically, the applicant has lost their non-complying right to the 22 spaces and any new parking would have to comply with the Zoning By-law 1998, in terms of proper aisle width, size of space, landscaped area, etc. It has been determined that the new parking layout does not comply to all these provisions. The applicant, therefore, has amended their Cash-in-Lieu of Parking and Site Plan Control applications and now is proposing a redesign of the parking area to contain nine parking spaces and a landscaped buffer. This plan will provide 13 fewer spaces than the 1999 approved site plan. The applicant has again requested an exemption for the additional 13 spaces at a rate of $1.00 per space. The applicant indicated that they believe that these spaces will not be required, given the special need of the clients that currently use the facility.

DISCUSSION

The application is recommended for approval for the reasons outlined below:

The proposal is in conformity with the Official Plan Policies and criteria contained in By-law 251-96 of the former City of Ottawa. These include:

1. Cash-in-Lieu of Parking may be appropriate where the existing parking supply in the surrounding area can accommodate the on-site deficiency.

Staff conducted site visits and found that the existing on-street parking supply in the surrounding area is operating near capacity. There, however, does exist some on-street capacity to accommodate the on-site deficiency.

In terms of off-street parking availability in the area, the Shepherds of Good Hope provided additional information in support of their application. Their submission indicated that none of the clients at this facility require parking and all parking will be for staff and volunteers. It showed that the Shepherds Of Good Hope presently owns or leases five other properties within a five-minute walk of the subject site where 38 additional spaces are available. The report further showed the actual demand for parking for both staff and volunteers could be accommodated on site and on the surplus parking areas available at the nearby Shepherd’s facilities.

Staff has been advised by the Transportation, Utilities and Public Works Department that the municipal parking lot at 141 Clarence Street does not function at capacity for most of the year. The Department believes that this Municipal parking garage could contribute to accommodating any overflow parking not accommodated on the subject site.

2. Cash-in-Lieu of Parking may be appropriate where legitimate site constraints or other hardships exit that limit the ability to provide the required number of parking spaces.

The existing building and site enjoyed the non-complying right to 22 parking spaces. As mentioned above, the applicant lost their non-complying right when they re-asphalted and re-configured the spaces in their parking lot. The applicant is now proposing nine spaces that will comply with all the provisions of the Zoning By-law, including the section dealing with landscaped areas. It is staff’s opinion that there is no available space on the property to meet the parking provisions for the proposed expansion to this special needs house and still conform to the Zoning By-law.

3. The use of the property is not considered over development of the site.

The proposal will create no appreciative impact on the existing situation at grade other than the requirement under the Zoning By-law to satisfy the parking provisions. Staff believes that the proposal does not represent over development and that the nine spaces that will be provided on site for staff and volunteers, as well as any overflow parking on other Shepherd of Good Hope parking lots etc., will meet the needs of this special needs house at this location.

4. There will be no negative impact on the livability of adjacent residential.

The site is situated at the edge of the Lowertown, By Ward Village, abutting King Edward Avenue, where there is no high concentration of dwelling units within a half block of the site. There is an approved site plan by City Living for a residential project to the immediate south of the subject site but, at the moment, these lands remain vacant. Should this adjacent residential development proceed, then the applicant will have provided a landscape buffer zone on their lands.

5. Acceptance of cash-in-lieu of parking is considered appropriate for uses with unique parking needs.

Staff of the Department of Transportation, Utilities and Public Works has indicated that the unique usage of the site as a special needs house operated by the Shepherds of Good Hope will not request a high demand for parking and although the site will have a shortage of parking spaces according to the Zoning By-law, the shortage will not be deemed as a parking problem.

In evaluating this request for cash-in-lieu of parking, the Department can support the relief from providing cash to the City, since there are objectives and policies in the Official Plan to facilitate the integration of living environments for people with special needs in all neighbourhoods throughout the city.

CONSULTATION

This application was subject to Early Notification and an information sign was posted. One comment was received in opposition to the application. The Ward Councillor has no objections to the application.

FINANCIAL IMPLICATIONS

The standard Cash in Lieu of Parking formula calculation requires a contribution of $232,195. to Cash in Lieu of Parking – account 830021. Approval of this report will reduce that contribution to $28.00.

APPLICATION PROCESS TIMELINE STATUS

This application, which was received on July 17, 2002, was subject to a project management timeline. A Heads up Call to affected community groups was undertaken by staff. The applicant undertook pre-consultation to only the Ward Councillor.

This application was not processed within the timeframe established for the processing of Cash-in-Lieu of Parking applications which require Committee approval, as the application was amended due to the Shepherds of Good Hope’s intention to provide parking on site that conformed to all Zoning By-law provisions.

ATTACHMENTS

1. Location Map

2. Consultation Details

DISPOSITION

Department of Corporate Services, Secretariat Services to notify the Agent (FoTenn Consultants Inc. – Rob Pierce, 223 McLeod Street, Ottawa, ON, K2P 0Z8), and Owner (Shepherds of Good Hope, 233 Murray Street, Ottawa, ON, K1N 5M9) of Committee's decision and the requirement for a Cash-in-lieu of Parking Agreement.

Legal Services to prepare Cash-in-lieu of Parking Agreement

Location Map Document 1

Consultation Details Document 2

NOTIFICATION AND CONSULTATION PROCESS

The application was subject to the Public Notification and Consultation approved by City Council for Cash-in-Lieu of Parking Applications.

In accordance with the notification policies, two signs were posted on the property and a circulation letter was sent to area community groups.

SUMMARY OF PUBLIC INPUT

One comment in opposition to the application was received. The person who submitted the comment stated that he owned four houses in the Market area and he makes every effort to provide the parking that his tenants require, at his expense. He mentioned that the time has come to put a halt to the Cash-in-Lieu of Parking policy of laxity and tolerance and to exempt a company from the requirement of providing parking would detract from the quality of life of neighbourhood residents and people trying to make this an appealing area for tourists. He said that the City has the authority to manage parking and an exemption would be to disregard its duty. He indicated that parking is possible and feasible, but the willingness is not there. He pointed out that it is not the City’s role to provide back-door subsidies and that over-development of this part of the city will have a negative impact on tourism.

Response:

The new 20-room addition to the Shepherds of Good Hope building at 256 King Edward Avenue will be for the use of clients who do not require a car. An information document prepared along with their application showed that the nine legal parking spaces will provide sufficient parking for the staff/volunteer demand and that any overflow parking could be accommodated on other Shepherd of Good Hope facilities in the area. It is the Department’s opinion that the proposal does not constitute over-development and, since the site is located outside the heart of By Ward Market area, would cause no negative impact on tourism.

COUNCILLORS’ COMMENTS

Councillor Madeleine Meilleur provided the following comment:

“After consulting with the Lowertown West Community Association, Councillor Meilleur has no comments or objections to the Shepherds of Good Hope’s Cash-in-Lieu of Parking application for 256 King Edward Avenue.”