Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

14 July 2004 / le 14 juillet 2004

 

Submitted by/Soumis par :  Ned Lathrop, Deputy City Manager / Directeur municipal adjoint

Planning and Growth Management / Urbanisme et Gestion de la croissance  

 

Contact Person/Personne ressource : Grant Lindsay, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca

 

Capital (17)

Ref N°: ACS2004-DEV-APR-0136

 

 

SUBJECT:

ZONING - 1440 BANK STREET (FILE NO. DO2-02-02-0197)

 

 

OBJET :

ZONAGE - 1440, RUE BANK (DOSSIER NO D02-02-02-0197)

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Ottawa Zoning By-Law to change the zoning of 1440 Bank Street from a commercial CD F(2.0) zone, a commercial CD3 F(2.0) H(15.24) zone and residential R3A zone to a commercial CD F(2.0) exception zone as shown on Document 1 and detailed in Document 3.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver une modification au Règlement de zonage de l'ancienne Ville d'Ottawa afin de changer la désignation de zonage commercial CD F(2.0), commercial CD3 F(2.0) et résidentiel R3A du 1440, rue Bank par la désignation de zonage commercial CD F(2.0) assorti d'une exception, tel qu'il est indiqué dans le Document 1 et expliqué dans le Document 3.

 

 

BACKGROUND

 

The subject property comprises part of a former Canadian Pacific Railway Right-of-Way.  The site is currently vacant and has three zoning designations (CD F(2.0), CD3 F(2.0) H(15.24) and R3A). The applicant, who owns the adjacent commercial plaza located to the east, recently has purchased the subject site and wishes to construct a new commercial plaza next to the existing one.  These commercial plazas would be independent of each other.  To accommodate this proposal the applicant is requesting that a single CD F(2.0) exception zone, be applied to the entire site.

 

DISCUSSION

 

Council Approved Official Plan

 

The City Council Approved Official Plan designates the subject property as Mainstreets.  This designation anticipates a lively mix of commercial uses serving both the local needs and a larger market.  The proposed zoning to establish a single commercial zone, which will increase the commercial development potential, will allow for a wide range of uses that meets this intent.

 

Lands with the Mainstreets designation offer some of the most significant opportunities for renewal through more concentrated forms of development.  The City will support projects that achieve a more urban, densely developed form within Mainstreets, in a manner that sensitively builds on existing neighbourhoods and is less auto-dependant.  Over time, it is the City's intent that Mainstreets will consolidate into uninterrupted networks of active, mixed-use, pedestrian oriented development. The proposed rezoning will allow a vacant property along Bank Street, which is a busy commercial street, to be constructed with a building which will increase the density of existing development and allow the site to become part of the continuous urban fabric anticipated by this designation.

 

Development in Mainstreets is eventually to be guided through a Community Design Plan.  In the meantime, however, development is permitted, provided the proposal satisfies relevant policies.  Relevant policies for this property include ensuring that the redevelopment of underutilized land is optimized, permitting community serving uses and considering the extent to which the proposal will contribute to a diversity of land uses in the area and the ability to live, work and play.  The proposed zoning satisfies the intent of these policies as it will permit the development of underutilized land and provide for a range of permitted uses on the entire site, which will add to  the diversity of land uses in the area.

 

In addition to the policies mentioned above, development in areas designated Mainstreets must also satisfy the policies in Section 2.5.1. of the new Official Plan.  This section relates to ensuring the compatibility of a proposed development with surrounding properties.  While many of the compatibility factors relate to considerations that would be addressed through the Site Plan Control Process, there are policies relevant to zoning.  In this regard, the proposed rezoning is located on an arterial road with sufficient capacity to accommodate the proposal's anticipated traffic.  As well, rezoning the property will allow a development with a variety of uses, which will diversify the land use and activity in the surrounding area.  Development of this site will also help consolidate Mainstreets as it will develop an existing vacant space on the street.  Given the small area of the property and the allowable floor space index, the size of any development will respect the height and massing of other developments in the general area, including the residential development to the west.

 

 Former Regional Official Plan

 

The Official Plan of the former Region designates the subject lands as "General Urban Area".  Lands with this designation are to be used for primarily residential purposes, supportive shopping services and community facilities.  The proposed rezoning will permit a development that satisfies these policies in the former Regional Official Plan as it will provide for commercial uses which can serve the surrounding residential neighbourhood.

 

Former City of Ottawa Official Plan

 

The former City of Ottawa Official Plan designates the subject property as District Linear Commercial.  This designation anticipates a wide variety of commercial uses which traditionally attract a significant percentage of their customers from beyond the local area as well as from local pedestrian traffic.  While the existing portion of the property zoned District Commercial will allow uses which meet the intent, rezoning the section presently zoned R3A will integrate the whole property with the adjacent commercial lands and allow for a more rational development of site.  In this regard, there is very little opportunity to develop the R3 lands as part of the adjacent residential community.  This community is fully developed with dwellings that back onto the R3 lands.

 

The District Linear Commercial designation anticipates that buildings are pedestrian oriented.  The subject property parallels Bank Street and is narrow.  Combining the R3 zoned lands with the Commercial Lands provides an opportunity for the site to be developed with buildings close to Bank Street, to help facilitate easy pedestrian access and thereby meeting the intent of this policy, while also providing for appropriate buffering for the adjacent residential lands.

 

Details of Proposed Zoning

 

In addition to the recommended parent zone, the applicant is also requesting certain modifications to performance standards.  These include a reduction in the required side yard to 1.75 metres, providing no designated loading space and not requiring a designated three metre landscape strip abutting a street.  In the case of the requested side yard reduction and the landscape open space requirement, their impact can be mitigated through the Site Plan Control process.  The impact of a reduced side yard on the community can be addressed by the requirement for vegetation and/or an opaque fence.  While the minimum requirement of a three metre landscape strip will be provided along the majority of the width of the Bank Street frontage, where some parking is proposed, this is not possible.  In this instance, the landscaping is to be provided on the City Boulevard, which is consistent  with the adjacent commercial property.  With respect to the designated loading space, loading can be provided on site around the proposed building, without the need for a dedicated  space.  Given the foregoing, in each of these instances, it is the Department's position that the proposed modifications to the performance standards will not be detrimental to the surrounding community, or to the orderly development of the site.

 


CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Information signs were posted on-site indicating the nature of the application.  Two responses were received as a result of the posting of the on-site sign. Each of the respondents was interested in the timing for construction.  The Ward Councillor is aware of this application and the staff recommendation. 

 

FINANCIAL IMPLICATIONS

 

N/A

 

APPLICATION PROCESS TIMELINE STATUS

 

The application was not processed within the timeframe established for the processing of Zoning By-Law amendments due to a need to address Site Plan issues related to access and storm water management, which impacted the developability of the site for the use intended.  As these have been resolved, the application is proceeding to the first available Planning and Environment Committee meeting.

 

SUPPORTING DOCUMENTATION

 

Document 1 -   Location Map

Document 2 -   Explanatory Note

Document 3 -   Details of Recommended Zoning

 

DISPOSITION

 

Department of Corporate Services, Secretariat Services to notify the owner (Al Gossen

43 Rosemount Avenue Ottawa, Ontario K1Y 1P3), applicant (Ewald Zieger, 100 Cherry Hill Drive, K0A 1L0), All Signs, 8692 Russell Road, Navan, ON  K4B 1J1, and the Program Manager, Assessment, Department of Corporate Services of City Council's decision.

 

Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

 

Department of Corporate Services, Legal Services Branch to forward the implementing by-law to City Council.

 


LOCATION MAP                                                                                                         Document 1

 

 


EXPLANATORY NOTE                                                                                               Document 2

 

THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER

 

By-law Number ……… amends By-law Number, 93-98, the former City of Ottawa's Comprehensive Zoning By-law.  This amendment affects the lands located at 1440 Bank Street, located on the west side of Bank Street, generally across from Randall Avenue.  The subject lands are a former Canadian Pacific Rail Right-of-Way.

 

Current Zoning

 

The subject property is currently triple zoned; CD F(2.0), CD3 F(2.0) H(15.24) and R3A.   The CD zones are District Linear Commercial Zones which are typically found in commercial areas along major roads.  The R3A zone is a low density residential zone.  The CD F(2.0) zone occupies over half the property while the R3A zoning occupies slightly less than half of the site and the CD3 F(2.0) zone occupying only a small portion.  Both CD zones allow a wide variety of commercial uses and residential uses above the ground floor.  The number "3" represent a subzone.  This subzone allows the entire floor space index to be used for commercial purposes. The H(15.24) indicates the height limit, which in this instance is 15.24 metres.  The F(2.0) represents the floor space index, which in this instance indicates that the floor area of buildings on the property may be twice the area of the lot.  The R3A zoning permits such uses as single detached dwelling, a semi-detached dwelling and a duplex.  The letter "A" represents a subzone that limits the size of lots for residential development.  This zone presently occupies the portion of the property on the majority of the western boundary of the site.

 

Proposed Zoning

 

The proposed zoning for the entire property is a CD F(2.0) exception zone.  This is a District Linear Commercial zone that will facilitate the development of a commercial plaza on the property.  The exception modifies to certain performance standards.  These include reducing the required side yard to 1.75 metres, not requiring a minimum landscape strip along Bank Street and not providing a loading space.

 

For further information, please contact Douglas James of the Planning and Infrastructure Approvals Branch at 580-2424 extension 13856.

 


DETAILS OF RECOMMENDED ZONING                                                              Document 3

 

The property will be zoned CD F(2.0), with the following exceptions:

 

1.         The required side yard shall be 1.75 metres

 

2.         No loading space is required.

 

3.         A parking lot may be located adjacent to a lot line abutting a public street and there is no requirement for a three metre landscape strip along the parking lot.