3. ZONING - 1233 WELLINGTON STREET ZONAGE - 1233, RUE WELLINGTION |
COMMITTEE RECOMMENDATION
That Council approve an amendment to the former
City of Ottawa Zoning By-Law, 1998 to modify the Neighbourhood Linear
Commercial CN3 [514] F(3.0) H(19) zoning of 1233 Wellington Street as detailed
in Document 3 and shown in Document 1.
Que le Conseil municipal approuve une modification
au règlement municipal de zonage de 1998 de l'ancienne Ville d'Ottawa en vue de
modifier le zonage de rue commerçante de quartier CN3 [514] F(3.0) H(19) du
1233, rue Wellington telle qu'elle est détaillée au document 3 et illustrée au
document 1.
Documentation
1. Development Services Department General Manager’s report dated 16 October 2003 (ACS2003-DEV-APR-0224).
2. Extract
of Draft Minutes, 23 October 2003.
Report to/Rapport
au :
Planning
and Development Committee
Comité de l'urbanisme et de l'aménagement
and Council / et au Conseil
16 October 2003 / le 16 octobre
2003
Submitted by/Soumis par : Ned Lathrop, General
Manager/Directeur général,
Development Services/Services d'aménagement
Contact Person/Personne ressource : Grant Lindsay, Manager / Gestionnaire
Development Approvals / Approbation des demandes d'aménagement
(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca
SUBJECT: |
|
|
|
OBJET
: |
REPORT RECOMMENDATION
That the Planning and
Development Committee recommend Council approve an amendment to the former City
of Ottawa Zoning By-Law, 1998 to modify the Neighbourhood Linear Commercial CN3
[514] F(3.0) H(19) zoning of 1233 Wellington Street as detailed in Document 3
and shown in Document 1.
RECOMMANDATION DU RAPPORT
Que le Comité de
l'urbanisme et de l'aménagement recommande au Conseil municipal d'approuver une
modification au règlement municipal de zonage de 1998 de l'ancienne Ville
d'Ottawa en vue de modifier le zonage de rue commerçante de quartier CN3 [514]
F(3.0) H(19) du 1233, rue Wellington telle qu'elle est détaillée au document 3
et illustrée au document 1.
BACKGROUND
Site Location
The subject property, 1233
Wellington Street, is located on the north-east corner of Wellington Street and
Holland Avenue. The property has a
total lot area of 1024 square metres. The site was previously occupied by a dry-cleaning
operation until it was converted to an automotive garage in 1992 and is
currently used by an automotive garage/car-wash centre. Immediately to the
north is a nine-storey residential building; to the west is a seven-storey
mixed-use building; and to the east and south are single-storey commercial
buildings.
The Proposal
The development being
proposed is a 10 storey mixed use project with approximately 46 dwelling units
located on the upper floors. The bottom two floors will accommodate commercial
uses. The developer has indicated that there is an agreement to have a theatre
company occupy the two floors of commercial space. Forty-two parking spaces are
to be provided for the development within a two level below grade parking
structure. The first level of parking will accommodate 19 spaces to serve the
commercial component of the development. The 23 spaces on the second level will
be residential parking.
The key principle of the
proposed development is to promote green building technology. In addition to
the request to modify parking requirements, the owner will employ sustainable
systems to reduce impacts on infrastructure and reduce energy consumption. It
is intended that the development be a demonstration project of these
technologies.
The Application
The initial application
requested that the former City of Ottawa Zoning By-Law (1998) be amended to
permit a maximum height of 39 metres and a floor space index (FSI) of 7.0 to
allow for the development of a 13-storey mixed-use development. Following a public meeting held on July 16,
2003, the applicant reduced the height proposed for the development and
requested that the application be revised to allow a building with a height of
10 stories. The applicant is also seeking to add theatre as a permitted use
under the CN3 zoning and to modify the parking requirements for a theatre and
for the residential use.
Official Plan Designation
The subject site is located
within an area designated Mixed Use Centre and Mainstreet on Schedule B of the
City Council Approved Official Plan; within an area designated Neighbourhood
Linear Commercial on Schedule A of the former City of Ottawa Official Plan;
within an area designated Low to Medium Profile Neighbourhood Linear Commercial
Area by the Scott/Wellington Area Site Specific Policy included in the former
City of Ottawa Official Plan; and within an area designated General Urban Area
on Schedule B of the former Region of Ottawa-Carleton Official Plan.
Current Zoning
The subject site is zoned
CN3 [514] F(3.0) H(19), which is a Neighbourhood Linear Commercial Zone. This
zone encourages a mix of commercial uses in a visually continuous, street-level
building form. It also serves to foster and promote a pedestrian-oriented
retail environment, imposing site regulations and development standards that
will ensure that commercial uses do not impede on adjacent uses, or upon local
residential uses. Within the CN3 zone, the cumulative total gross floor area
occupied by non-residential uses cannot exceed 50% of the maximum floor space
index permitted. The [514] denotes an exception which sets out performance
standards applicable to developments dealing with matters such as setbacks.
Specifically, this exception requires that for the first 10.7 metres above
grade, the maximum permitted setback from a lot line abutting Wellington Street
and Holland Avenue is 1 metre and for the next 8.3 metres above grade, the
minimum permitted setback from Wellington Street and Holland Avenue is 3 metres.
It also states that no front yard is required and that existing yards are
deemed to be in conformity provided they were lawfully established prior to
March 4, 1998. The H(19) indicates that buildings are limited to a height of 19
metres (approximately six to seven storeys). The F(3.0) indicates that the ratio of the gross floor area of a building
to the total area of the lot on which the building is located is not to exceed
3:1.
DISCUSSION
Council Adopted Official
Plan
There are two key policies
that apply to the subject property under the City Council Approved Official
Plan. First, the subject site falls within a Mixed-Use Centre designation. The
Mixed-Use Centre designation in this Plan applies to lands that have been
identified as strategic locations on the rapid-transit network and lie adjacent
to major roads. They act as focal points of activity, both within their
respective communities and within the larger municipal structure. Mixed-Use
Centres constitute a critical element in the City's growth management strategy,
being areas with high potential to achieve compact and mixed-use development.
It is the intention of the
Plan that Mixed-Use Centres ultimately develop as "good places" in
their own right as components of complete neighbourhoods. They are to contain
development that is both locally- and regionally-oriented. Development at
Mixed-Use Centres will take advantage of the opportunities offered by transit
for both internal and external commuting and ease of access on foot and by
bicycle. By virtue of careful attention to design, orientation and a mix of
uses, development in Mixed-Use Centres is to contribute to the diversity of
land use in the immediate area and foster the creation of vibrant centres of
activity.
The proposed development
strongly adheres to the policies and goals of the Mixed-Use Centre designation.
The proposed development makes good use of the existing transit facilities in
the area and provides additional housing and services for the employment node
at Tunney's Pasture. The development also contributes to the variety of uses in
the area by allowing for the establishment of a local theatre on site. The
compact, mixed-use design of the proposed development makes effective use of
the subject site, which is only two blocks away from the Transitway. The
anticipated "green" design of the proposed building and the theatre
will allow the development to act as a focal point of activity and interest,
both within the local community and the larger municipal area. The unique
architectural design of the proposed development will serve to create visual
interest, avoiding monotone façades and rooflines, which will add to the
physical character of the neighbourhood and the city. Finally, the proposed
development will contribute to the diversity of land use in the area and the
ability to live, work and shop within the same neighbourhood.
The Mainstreets designation
also applies to the subject property. This designation identifies streets that
offer some of the most significant opportunities in the city for renewal
through more concentrated forms of development, a lively mix of uses and
adherence to a more design-oriented approach to planning. Areas designated in this
manner are generally able to take advantage of existing municipal services,
such as public transit and a high percentage of housing, employment, retail and
civic functions lie within easy reach of one another. Through this designation,
the City supports projects that achieve a more urban, densely developed form
within Mainstreets in a manner that sensitively builds on existing
neighbourhoods and is less auto-dependent. Over time, it is the City's intent
that Mainstreets will consolidate into uninterrupted networks of active,
mixed-use, pedestrian-oriented development.
The proposed development
conforms to the Mainstreets designation on several levels. First, it offers the
opportunity for renewal through the redevelopment of a 'brownfield' into a
compact, mixed-use development. The
proposed new development will transform an underutilized piece of contaminated
land into a productive development that contributes to the physical and social
character of the neighbourhood. Secondly, the proposed development will take
advantage of existing municipal services, such as public transit and
infrastructure, and will increase the percentage of housing, employment, retail
and civic functions that lie within easy reach of one another. Third, the
project achieves a more urban, densely developed form that is less
auto-dependent and which adds to the existing strengths of the surrounding
area. Lastly, the proposed development conforms with the City's policy of
encouraging intensification within Mainstreets, particularly where it will
replace surface parking areas that interrupt the continuity of building facades
along the street and supports the City's desire to encourage intensification
and mixed-use development along arterial roads, and transit-priority corridors,
and on formerly contaminated sites that have been rehabilitated in accordance
with the provisions of this Plan.
Former Regional Official
Plan
The subject property carries
a General Urban Area designation under the former Region of Ottawa-Carleton
Official Plan. The policies of this plan provide for communities to be mixed-use, diverse and adaptable to the
changing needs of the area. Wherever possible, shopping, services and community
facilities, such as theatres, should be located in areas that are easily reached
by walking, cycling, transit, as well as automobile. The proposed development
conforms with the goals of the former Region of Ottawa-Carleton Official Plan
and its policy framework by providing a compact, mixed-use development that is
well-serviced by transit and provides additional housing and services for the
surrounding area.
Former City of Ottawa Official Plan
There are three key policy
areas set out in the former City of Ottawa Official Plan that apply to the
subject property. First, the subject property carries a Neighbourhood Linear
Commercial designation, which supports and encourages main street and
storefront-type of commercial development as found in older areas of the city,
such as the Glebe, Centretown, Ottawa South, Westboro and Ottawa West. This
designation recognizes and provides for enhancement of the unique, mixed-use
and pedestrian-oriented character of these commercial areas serving both
residents in the vicinity, with some specialized areas and/or uses attracting
customers from beyond the neighbourhood. The proposed development for the
subject site is appropriate with respect to this policy. It has several
elements that serve to enhance and develop the main-street characteristics of
the area. The two-storey podium of the proposed building will add to the
physical character of the street by providing a zero-setback, storefront type
of frontage that is found throughout the existing neighbourhood. This type of
frontage creates a pedestrian friendly environment that adds life and animation
to the neighbourhood. By providing
commercial space at grade, the proposed development will enhance the
distinctive, mixed use and pedestrian-oriented character of the area and will
increase the level of commercial service for local and neighbouring residents.
The second main policy
framework applying to the subject site is set out in the Ottawa-West Key
Principles which are derived from the Ottawa West Neighbourhood Plan. The Key
Principles provide direction to guide future growth and change in Ottawa West
and include policies for land use, transportation, heritage, physical and
social services, site development and public participation. Given that the
proposed development will be mixed-use, residential and commercial land use
policies apply. With respect to residential development, the Ottawa-West Key
Principles establish a framework to reinforce and enhance the residential
character of Ottawa-West while allowing for a moderate increase in population.
Also residential development that will be compatible in scale and structure
with existing development, and a variety of housing types and densities to
accommodate a variety of family sizes, incomes, ages and lifestyles are
encouraged. The proposed development
advances these policies. It increases the number and variety of residential
units in the neighbourhood and is compatible in scale and structure with other
developments in the area, such as the Holland Cross development at the corner
of Scott and Holland, the nine-storey apartment building located directly to
the north of the subject site and the 13 storey mixed use development at
Parkdale and Wellington.
Regarding commercial
development, the Ottawa-West Key Principles provide direction to strengthen and
improve the existing commercial structure within Ottawa-West by maintaining the
Wellington-Somerset Commercial Street as the main local shopping area for the
adjacent neighbourhoods and by promoting the commercial and physical
revitalization of the Wellington-Somerset Commercial Strip for the benefit of
merchants and residents. The proposed development advances these policies. It
adds quality commercial space to the area through the inclusion of a theatre
company to the building and will bring new patrons into the neighbourhood who
will use the existing commercial services in the area. The addition of a
theater to the area will also benefit local residents who will be able to enjoy
cultural services within their own neighbourhood.
The final main policy area
of the former City of Ottawa Official Plan that applies to this proposal is the
Scott/Wellington Site Specific Policy. Within this policy, the subject site is
designated as a Neighbourhood Linear Commercial Area. This designation applies
to the lands located along Holland Avenue from Wellington Street to Spencer
Street and along Wellington Street between Holland Avenue and Parkdale Avenue.
Under this designation, development in this area must emphasize retail uses and
services in a pedestrian-oriented, storefront environment. Building locations
for new development are to be located as close as possible to the sidewalk, and
the lower portions of buildings are to have their main entrances and display
spaces directed to the street. Also, direction is provided that buildings be
low to medium profile with the upper floors of buildings set back to avoid an
abrupt vertical effect at street level.
The proposed development
fits within the development framework established through the Scott/Wellington
Site Specific Policy. It emphasizes commercial services at grade through the
provision for a theatre company on the first two floors of the development. The
inclusion of this theatre serves to create a pedestrian-oriented environment
along Holland Avenue and Wellington Street and a cultural focal area for this
section of Wellington Street. The proposed building will be located as close as
possible to the sidewalk, with the main entrances and display spaces for the
lower portion of the building being directed towards the street. Finally, the
height and setbacks respect the provisions of the Scott/Wellington Site
Specific Policy, which call for medium profile buildings along this section of
Wellington Street. Staff consider the
height of the proposed development (10-storeys) to be within the range of
development that can be considered medium profile given the sites context with
a nine storey building to the north, a 5 storey building across the street to
the west and a thirteen storey building at Parkdale and Wellington. As required
by the site specific policy, the top eight storeys are setback from the street
to ensure that the mainstreet environment along Wellington and Holland will be
of human scale.
Parking
A key policy thrust of the
Council Approved Official Plan and the former City of Ottawa and Region of
Ottawa-Carleton Official Plan is to support and promote increased use of
sustainable transportation modes with an associated reduction in the use of
private automobiles for various trip types including work and entertainment
trips. All three plans encourage a more
mixed use development pattern within the urban area allowing for greater
integration of various land uses to support work live and entertainment
opportunities within the same community and for increased intensity of mixed use
development in proximity to transit.
These policy directives and development objectives are directed to
supporting increased use of sustainable travel modes including walking, cycling
and transit. Further, policy direction is provided to give consideration to
alternative parking arrangements that will contribute to and support maximizing
efficient use of parking facilities and support and encourage use of
sustainable travel modes.
As part of the rezoning, the
applicant is requesting modifications to the parking required for the proposed
development. For the residential
component of the project, the applicant is requesting that parking be permitted
to be provided at a rate of 0.5 spaces per unit, which is the parking required
under the Zoning By-law for apartments located in the inner urban area. For the
theater, the applicant is requesting that 19 parking spaces be required for
this use whereas the current parking requirements set out in the Zoning By-law
would require 51 spaces.
The basis for the request to
reduce the parking rate for the residential component of the development from
.7 spaces per unit to .5 spaces per unit stems from the proximity of the site
to the transitway and proximity to major employment nodes and commercial areas. With this context, and the green building
program being proposed for the development, the applicant has determined that
the provision of parking at a rate of .7 spaces per unit will result in an
oversupply of residential parking and would not be supportive of objectives to
attract residents who do not own private vehicles. Staff agree with the conclusions arrived at by the applicant and
are therefore recommending that the parking rate for residential for the site
be modified to require the provision of parking at a rate of .5 spaces per
unit, consistent with the parking rate required for apartments within the
downtown area.
Although the applicant has
submitted information which indicates that the proposed theatre may be able to
function with less parking spaces then required, staff believe that any request
to modify the parking requirements for the commercial section of the property
should be dealt with through the Cash-in-Lieu of Parking process. This process
will allow the City to appropriately evaluate the merits of the parking
reduction request, and if deemed acceptable, to tie the cash-in-lieu approval
directly to the use and/or user of the commercial space. In this way, any
change is use of the commercial space would be subject to future review of
parking demand through future Cash-in-lieu of parking applications.
BUILT FORM COMPATIBILITY
A) Building Massing
The current proposal employs
several techniques as set out in both the City Council Approved Official Plan
and the former City of Ottawa Official Plan to break up the building mass and
provide a more compatible building relationship with the lower profile
buildings typically found along pre-war mainstreets, such as Wellington Street.
These include:
Physically and
visually distinguishing the lower floors from the upper floors with increased
setbacks from the street edge for upper floors and a zero setback podium for
the lower floors.
Use of an
off-centre design for the upper floors.
Use of a
stepped-back setback on the tower portion of the building to break up the massing
of the upper floors.
The use of these techniques
serves to provide for a more compatible built form relationship between the
proposed medium profile development and adjacent lower profile buildings. To ensure that development will occur in a
way that reflects the building massing concept proposed, the Zoning By-law
amendment being recommended will include a building height and setback schedule
(Document 4). This will require that the site be developed so as to employ the
various techniques noted above to provide for a compatible built form
relationship with adjacent development.
B) Architectural
Expression
The current development
proposal, in combination with the techniques used to break up the building
mass, employs architectural design elements and treatments that provide for
integration of the development with the mainstreet character of the
neighbourhood. These include:
A two-storey
podium design for the lower floors which meets the street edge, thereby
providing a strong, continuous façade along Wellington Street
The location of
the theatre and condominium entrance along the Wellington Street side of the
development to create a pedestrian-friendly environment.
Selection of
colours and exterior detailing that helps to create a character for the
proposed development that is compatible with the character of existing
development in the area.
With the exception of
building materials, colour and detailing, the above will be controlled through
the Site Plan Control approval process.
C) Shadowing
Shadow studies submitted by
the applicant indicate the proposed development will have a similar impact on
sun exposure as the neighbouring nine-storey building. The effects of increased
shadows will be felt strongest by neighbouring properties to the northeast
during the fall, winter and spring. The presence of shadows will be most
noticeable during the mid to late afternoon during these seasons. In order to
mitigate the impact that the proposed development will have on sun exposure for
neighbouring properties, the applicant has incorporated a thin, tower design
for the upper floors of the proposed building. This design will help to
decrease the amount of shadow cast on neighbouring properties by the proposed
development.
Conclusions
This application conforms to
the policy framework established by the Council Approved Official Plan, the
former City of Ottawa Official Plan and the former Regional Official Plan.
Under the Council Approved Official Plan, the site is designated Mixed Use
Activity Centre and Main Street. The
policies associated with these designations support mixed use and more
intensive development. They also indicate that proposals involving rezoning be
assessed relative to the policies related to ensuring that new development be
compatible with existing development and that it will fit into the urban
fabric. The Regional Official Plan
designates the site "General Urban Area", which supports all forms of
development that provide for more efficient use of land and infrastructure and
that fit into the urban context. The
former City of Ottawa Official Plan designates the site Neighbourhood Linear
Commercial Area and sets out specific policies for development of the site
within the Scott /Wellington Site Specific Policy. These in combination with the general policies for Neighbourhood
Linear Commercial Areas support mixed use development with buildings providing
for a strong street edge and active at-grade retail uses with upper stories of
buildings setback from the street edge of a building's lower floors. Under the Scott/Wellington Site Specific
Policy, buildings located within the area bounded by Wellington, Parkdale,
Scott and Holland, with the exception of Holland cross, are to be low to medium
profile. The proposed 10 storey building
is considered to fall within the medium profile range contemplated under the
Official Plan given the site's context being located adjacent to a nine storey
building, across from a five storey building and near a 13 storey building at
Parkdale and Wellington. The two storey podium provides street related activity
at-grade and a continuous façade at the street edge with the setback of the
upper floors away from the street, eliminating the presence of an abrupt edge.
This contributes to the appropriateness of the proposed development and
provides for integration of the development within its urban context.
ENVIRONMENTAL IMPLICATIONS
The Municipal Environmental
Evaluation Process (MEEP) checklist indicates that there will be impacts on
soils and possibly surface and ground water as a result of this
application. These impacts will be
mitigated by soil remediation.
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. The Ward
Councillor is aware of this application and the staff recommendation.
Detailed responses to the
notification/circulation are provided in Document 6.
FINANCIAL IMPLICATIONS
N/A
This application was
processed within the timeframe established for the processing of Zoning By-Law
Amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Explanatory
Note
Document 3 Details
of Recommended Zoning
Document 4 Setbacks
and Heights
Document 5
Preliminary Site Plan and Elevations
Document 6 Consultation
Details
DISPOSITION
Department of Corporate
Services, Secretariat Services to notify the owner (1391571 Ontario Ltd., 1233
Wellington Street, Ottawa, ON, K1Y 2Z9), applicant (15 Fitzgerald Road, Ottawa,
ON, K2H 9G1), All Signs, 8692 Russell Road, Navan, ON K4B 1J1, and the Program Manager, Assessment, Department of
Corporate Services of City Council's decision.
Development Services
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.
EXPLANATORY NOTE Document
2
THE
FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER 2003 - XXX
By-law
Number 2003 - XXX amends Zoning By-law, 1998 of the former City of Ottawa. This amendment affects the property at 1233
Wellington Street, within the former City of Ottawa, located at the northeast
corner of the intersection of Wellington Street and Holland Avenue. The
property currently accommodates a one-storey commercial building that is used
as an automotive cleaning centre. The
purpose of the application is to modify the
CN3 [514] F(3.0) H(19) zoning to permit a 10-storey mixed use
residential and commercial building.
Current
Zoning
The
current zoning for the site is CN3 [514] F(3.0) H(19) a Neighborhood Linear
Commercial Zone. The CN zone permits a
mix of commercial uses in a visually continuous small-scale, street-level built
form; to foster and promote a pedestrian-oriented retail environment; and to
impose site regulations and development standards that will ensure that the
commercial uses do not impinge on adjacent uses, or upon local residential
uses. The F(3.0) is a floor space index that permits a building to have a gross
floor area equal to 3.0 times the lot area. The H(19) is a height limit that
permits buildings with a maximum height of 19 metres (approximately 6-7
storeys).
Proposed
Zoning
The
proposed zoning is CN3 [886] H(35.9) SCH.253 with additional exceptions. This
zoning will permit a building height of 35.9 metres. The new exception will
allow a theatre as an additional permitted use and will permit an accessory
office for the theatre to be located on the third floor. Other than this office, only residential
units will be permitted above the second floor. The exception will also modify the parking requirements for the
residential component of the development to allow a parking at a rate of 0.5
spaces per unit. The new schedule will reflect the heights and setbacks for the
proposed development and will control building mass.
The
lands affected by the proposed amendment are shown in the attached location
map.
Should
you have any questions regarding the amendment please contact Jeff O'Neill at
580-2424 ext. 27967.
DETAILS OF
RECOMMENDED ZONING Document
3
1. Amendment to Zoning By-law, 1998
The CN3 [514] F(3.0) H(19) Neighbourhood Linear Commercial zone is modified to a CN3 H(35.9) with a new exception allowing the following:
a) A theatre is added as a permitted use.
b) Building heights and setbacks shall be in accordance with those shown on Document 4.
c) Parking for residential dwelling units shall be provided at a rate of 0.5 spaces per unit.
d) Commercial uses may only be located on the ground floor and second floor.
e) No floor space index will apply.
f) Notwithstanding d) above, an office use accessory to a theatre use may be located on the third floor.
g) With the exception as noted in f), only residential units are permitted above the second floor.
h) The requirement under the current zoning for the provision of a loading bay on the site will no longer apply.
CONSULTATION DETAILS Document
6
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. One public meeting
was also held in the community on July 16, 2003.
PUBLIC
COMMENTS
The
rezoning application was subject to public notification and consultation, which
required the posting of an on-site sign and circulation to concerned community
groups. Sixty-nine responses (written and email) were received as a result of
the public notification process. Thirty-eight respondents expressed opposition
to the application. In addition, a petition with 208 signatures opposing the
application was submitted. Thirty-one respondents expressed support of the
application.
The
comments provided by the Hintonburg Community Association in a letter dated
August 8, 2003 capture the general nature of the comments and concerns raised
by the public respondents. The community association comments are provided
below.
1. Planning
"The
lot at 1233 Wellington Street is in a newly-designated Mixed Use Centre in the
City's recently approved Official Plan. Planning provisions for Mixed Use
Centres are vague and offer the community no certainty that development will be
appropriate. Approving the proposed by-law on the basis of the area's
designation will set a dangerous precedent for further height increases in the
absence of long-term planning guidance for the Scott/Wellington area.
The
current by-law restricting building height to the equivalent of six stories was
recently enacted, and developments in the area since its passing do not warrant
such a significant increase in the allowed height. A large number of residents
have made it clear that they are unwilling to accept 13 stories. They have told
the HCA that the proposed height is out of scale and out of character with the
existing built form and that it would result in a visually unappealing
streetscape.
The
HCA is willing to support an increase to the equivalent of 10 stories so long
as development is appropriately designed similar to the 13 storey proposal. The
Association asks that the planning rationale for any increase in height from
the currently allowed restriction be fully explained.
We
request that no further changes in the allowed height in the new Mixed Use
Centre occur prior to further study with regard to long-term development
goals."
Response
to Comments
After
a review of the application and consultation with City staff and members of the
community, the applicant has agreed to reduce the height of the initial
development from 13 to 10 storeys while still maintaining the original concept
for the building. Staff are satisfied that the revised application conforms
with the City's policy framework for new development in the Hintonburg area.
2. Design
"The
proposed Windmill development process is, in the HCA's view, proceeding at an
unacceptably accelerated pace. A design charette sponsored by CMHC is being
contemplated for September. Many aspects of the proposed design will become an
integral part of what the HCA has been assured will be a site-specific zoning
by-law. Any zoning by-law amendment must then be postponed until the completion
of a design charette with the participation of all stakeholders.
The
HCA has heard significant community concern about the potential for shading and
unacceptable impacts on the streetscape of Wellington Street, our
pedestrian-oriented main street as a result of the proposed new development. An
amendment to the existing by-law must be done in the context of comprehensive
studies of wind, shadowing, and the overall effect of the proposed building on
the existing streetscape. It is disconcerting to the Association that a change
to the by-law would be contemplated in the absence of these necessary studies.
The
development proposed by Windmill would take advantage of innovative building
processes and technologies to adhere to strict environmental guidelines for
environmentally smart development to the highest LEED standard. The HCA has
heard considerable support for this aspect of the proposal, but seeks
guarantees that once started, the developer will follow through on the promise
of a "green" building. The HCA asks that the City build LEED
guidelines into the by-law as performance standards."
Response
to Comments
Staff
are satisfied that the current proposal will maintain and enhance the
mainstreet, pedestrian-oriented feel of the area. Also, the design of the
proposed building will serve to reduce the impact of the development on wind
and sun exposure for neighbouring uses. At present, the City is unable to
stipulate in the By-law that the proposed development shall adhere to the
suggested LEED standard.
3. Arts
facilities.
"Hintonburg
is evolving rapidly as a vibrant centre city neighbourhood offering considerable
entertainment, arts, cultural and recreation opportunities for both its
residents and the citizens of Ottawa. This evolution is taking place within the
context of access to public transit and the opportunity for intelligent
re-development of existing and under-utilized sites. Any development
contemplated for the area should proceed in this context.
Windmill
has assured the community that space in the proposed new development will be
reserved for arts- and culture-related activities. The HCA asks that the zoning
by-law written for the 1233 Wellington site allow only a limited range of
cultural or arts uses on the first two floors."
Response
to Comments
The
proposed rezoning will add "Theatre" as a permitted for the site. The
commercial space will be limited to the first two floors, with a small amount
of commercial space (241 square metres) being permitted on the third floor.
This commercial space will provide accessory offices to the theatre.
4. Parking
and traffic.
"The
proposed development's impact on traffic and parking in the community is a
worrisome unknown. The developer has made the laudable proposal to offer
residents the opportunity to participate in programs such as car-sharing to
mitigate the impact of an increase in vehicles in the area, but there are no
guarantees that these programs will enjoy any significant take-up. The HCA has
heard important concerns about the potential for parking problems associated
with new arts and culture uses on the site.
An
amendment to the existing by-law must be contemplated only in the context of a
full traffic and parking study."
Response
to comments
A
traffic study has not be undertaken. Under the Traffic Impact Study Guidelines
of the former Region, Traffic Impact Studies (TIS) are required for residential
developments accommodating 100 dwelling units or more. A traffic study is not
required for this application because the proposed development will only
accommodate 44 residential units.
Parking
for the development will be accommodated in a underground parking garage on
site. The garage will have a total of 42 spaces on two floors. The second floor, containing 23 spaces, will
serve the residential component of the development.
5. Development
costs
"The
1233 Wellington Street site is known to be contaminated and the HCA has heard
broad support for an environmental remediation. The Association recognizes that
a clean-up carries with it significant attendant costs, and that the economics
of developing a brownfield site differ from uncontaminated sites.
Windmill
Developments has cited environmental clean-up costs as an important factor in
its decision to seek a by-law amendment allowing development up to the
equivalent of 13 stories. As outlined earlier, this increase is unacceptable to
a large number of residents. The HCA urges the City to take steps that would
mitigate the cost to the developer of cleaning up the site. The City has at its
disposal tools such as waiving development charges and permit fees to assist
the developer to generate an acceptable return on its investment while meeting
the reasonable expectations of the community for attractive development.
While
the HCA opposes the proposed by-law amendment, it does recognize widespread
support for several aspects of the proposed development, including of its use
of innovative processes and technologies to build a 'green' building that would
serve as a showcase, for a clean-up of the contaminated site, and of new arts
and cultural space for use by the community and others. Building these
attractive features into a 10-storey building that would enjoy broader
community support is an economic challenge which the City can play an integral
role in reaching."
Response
to Comments
The
City is not currently in a position to offer financial assistance to the
applicant for the purposes of site remediation. However, the City does support
the applicant's efforts to clean-up the site and re-develop it in an
environmentally friendly manner. The development being proposed will be a 10
storey building that incorporates the features of the 13 storey building that
was originally proposed.
COUNCILLOR
COMMENTS
Councilor
Shawn Little, Ward 15, was circulated and is aware of this application.
ZONING - 1233 WELLINGTON STREET
ZONAGE - 1233, RUE WELLINGTION
ACS2003-DEV-APR-0224 KITCHISSIPPI
(15)
Chair Hunter
began by reading a statement required under the Planning Act, which advised that anyone who intended to appeal this
proposed Zoning By-law Amendment to the Ontario Municipal Board (OMB), must
either voice their objections at the public meeting, or submit their comments
in writing prior to the amendment being adopted by City Council. Failure to do
so could result in refusal/dismissal of the appeal by the OMB.
Mr. Lindsay
advised that John Smit, Program Manager, Development Review, would provide a
high level presentation and was available to respond to any questions with
respect to departmental report dated 16 October 2003.
Councillor Cullen
noted the reference to a Secondary Study Plan that resulted in height limits
and understood the arguments from the new OP, but in light of that, he asked
why there is a new limit. Mr. Smit
acknowledged the Scott/Wellington Planning Study in the area, but maintained
the area was viewed as a linkage between Tunney’s Pasture and the Wellington
Street commercial area. It has
historically accommodated a number of quasi-industrial type uses, with
Holland-Cross located to the north.
This area was identified in the new OP as a mixed use activity
area. The secondary planning study did
result in a site specific policy and the application has been assessed relative
to that policy. Staff is satisfied it
is consistent with the direction established through that site specific
policy. Zoning was also introduced, but
the site specific policy must ultimately be looked at to determine if a
proposed change is acceptable or appropriate.
The Committee
heard from the following delegations:
Sarah Schmidt,
member, Planning Committee, West Wellington Community Association and as an
individual resident. This
particular block is within the technical neighbourhood and community
association of Hintonburg, but West Wellington represents citizens who live
between Holland and Island Park, Scott and the Queensway. West Wellington residents are interested
since that strip intimately connects the community of Island Park, West
Wellington and Hintonburg. Since this
is a relatively new Association, with as yet no executive, and this is within
the purview of the Hintonburg Community Association, they decided not to take a
formal position. Her objection is with
the height requirement, since the land was clearly zoned for a reason, based on
community involvement and planning staff expertise, as a six-storey
building. The proposal is technically
10, but in real terms will look like a building between 11 and 11½ storeys
because the first two stories will be much higher. On the OP and how planning and development should occur, she
quoted from a City discussion paper on the OP – “we want to become a City where
it is normal practice for developers, residents, business people and others to
all play a meaningful role in the planning and development of their
community. The overall goal is a better
community, more creative solutions and less conflict in the planning process.” Further, “City Council will have adopted a
set of clear principles to guide community design and planning, which will form
the basis of all proposals.” When Ms.
Schmidt moved into the neighbourhood in April, after some investigation, she
was excited about the development opportunities along this strip of Wellington. The idea of low to medium density with a
pedestrian friendly mixed-use residential streetscape, is a great idea and
attraction. She quoted from the
Scott-Wellington Planning Study “this is intended to be a part of a larger
Wellington Street neighbourhood commercial area that extends East and West of
the study area. The chief
characteristic is intended to be pedestrian-oriented retail service and
restaurant businesses in building forms that enhance the pedestrian
environment. The neighbourhood linear
commercial area policies of the City of Ottawa Official Plan are highly
applicable to this area. To ensure this
pedestrian friendly environment, the building should be as close as possible to
the property line for the first three floors and then set back on the upper
floors.” This design is consistent
except for the height requirement. “The
overall building height should be 19 meters with generally 6 storeys depending
on the type of use. This would help to
avoid a canyon like environment.” The
proposal ignores the height requirement, which will be detrimental to the
neighbourhood although development is important.
A six storey building, with a ground floor theatre, is a fantastic idea,
but at 11 or 11½ storeys, it is a different proposal. As staff indicated, this was initially a 13 storey proposal,
revised to 10. Why would a developer
start at 13 when the zoning is set at 6 or 7?
She quoted from correspondence amongst their membership – “I still
have serious reservations about the reactionary approvals process that is the
norm in this community. In my view the
planning should happen first and the development approvals should happen in
response to clearly articulated and enforced planning and design guidelines. Unfortunately, we have a catch 22 scenario
where the real profit is derived from upzoning the land. I can’t fault the development community for
doing its job and fulfilling their bottom line commitments, but I don’t see how
the public can have any realistic expectations of planning if the business
requires a zoning to be ignored as a starting point. It seems to me that if we want to have to plan for 6 storeys then
we have to zone for three. A rather
absurd way of achieving our collective goals.”
This was a negotiating
tactic and not an effective way to plan.
P. 68 references a few buildings in the neighbourhood higher than 6
storeys, particularly one on Holland, north of Wellington. The City has marked the Wellington strip as
a distinctive, pedestrian-friendly strip, and as such it is not a valid
comparison; as well as the fact that staff pointed out the five storey building
across the street, which is a well designed building. She disputed this comparison as slightly higher, since five
compared to 11½ is a significant difference.
The issue of green development is an exciting and positive aspect
supported by the community, as well as the tenancy of the Great Canadian
Theatre Company (GCTC). But, these have
been seen as bargaining chips, since the building rejects the established
height requirement. The fact that staff
has pointed out taller buildings in the neighbourhood raises concerns this
proposal may be the new precedent.
There is already another nicely designed development on the other side
of Holland towards Island Park Drive that discards the City’s vision for
Wellington by lifting the height requirement.
It appears this is the new barometer and the 6-7 storey requirement
adopted and actively promoted as part of the OP is essentially rejected.
Steven Pope echoed the
comments from the previous speaker and indicated his main concern is the
height, since he lives across the street.
The fact that the developer initially proposed 13 storeys when the
neighbourhood is zoned for six is a blatant disregard to that zoning and
residents, who diligently worked on the study.
The Community Association had indicated it would accept up to 10
storeys, but the proposal does not adhere to any agreements since it is the
equivalent of 11½ storeys and is not really a compromise. Another main concern is parking and traffic
in the area, at .5 spaces per unit.
Whether they walk, bike or use public transit, many residents still own
a car. What happens to all the other
vehicles? Parking is already an issue
in the area and the car wash currently rents out monthly parking. This has been dismissed as a non-issue
because it is promoted as a green building.
Although these are laudable goals, it is naïve to assume it will happen. The idea of a green building and
beautification project for the area is a good idea, but at the same time, the
rezoning can only cover the height and the floor space index. There is no assurance of materials, building
design and that the theatre will definitely be at that site once the zoning is
changed. The proposal totally disregards
the community’s desires, which is what the Scott-Wellington Study was all
about.
Ms. Schmidt provided the
Committee with a petition, initiated by a neighbour adjacent to the building
and was circulated among those closest in August, before it was changed from 13
to 11½. The petitioners stated they
were in support of development but only if construction does not require
modification to the existing zoning.
They did not want 13, 11½ or 10, but a six-storey building. This was signed by 200 residents and of
those petitioned, only 10 refused to sign.
The petition was presented under cover of letters dated 8 August 2003,
from Leonard Samek and Ken Huband, which is on file with the City Clerk.
Linda Hoad,
represented the Hintonburg Community Association, which is not opposed to
this development. The Association
supports the six storey zoning in the Neighbourhood Linear Commercial Strip and
agreed to an exception in this instance because of the adjoining building, which
is eight storeys with a very tall penthouse.
It is also on a corner, an entry way and a contaminated site. Those aspects were carefully considered in
this particular development. It does
not mean the six storey height limit established in the zoning by-law is
inappropriate and should be changed without very good reason. She noted in the report the key principles
of the Ottawa West Neighbourhood plan – “residential development that will be
compatible in scale and structure with existing development”. This building is an exception for a number
of reasons; generally speaking, 10, 12, 13 storey buildings are not considered
compatible in scale and structure with existing development in this part of
Hintonburg or any part of Hintonburg that is a neighbourhood linear commercial
strip, now “mainstreet”. Another
proposal will be coming to the new PDC in this same area – the new mixed-use
centre designation.
There are new OP
designations and an existing zoning by-law.
Developers, staff and, in some cases, politicians seem to think the
Zoning By-Law can be discarded because new designations call for
intensification. Zoning By-Law, 1998
includes intensification and was written to bring into effect the old City of
Ottawa OP, which called for intensification particularly in main streets and
underutilized lands, etc. The zoning in
this part of the old City of Ottawa does not need to be changed. Reconsideration of this zoning as part of a
Secondary Planning Study is welcomed.
New designations do mean some reconsideration, but not on a site by site
basis, but as part of an overall study.
The mixed-use centre is of particular concern because it includes
Tunney’s Pasture where considerable intensification could take place. Moving south towards Wellington Street,
there needs to be a transition from higher intensity to the six storey zoning
presently in force. The Association is
very concerned since they are facing a second proposal to increase the height
considerably. A secondary study will be
needed fairly soon if this continues because there is tension between the new
designations and the existing zoning by-law.
There appears to be a tendency to supercede the current zoning by-law by
the new designations and a sense that height and density need to be increased
to achieve intensification. The Association
put the City on notice that they do not agree.
Generally
speaking, this was a good process, but there was a problem since the applicant
indicated the proposal would be revised.
The Association was not notified by the City on the receipt of the revised
application; and, therefore the Association was unable to convene a public
meeting as promised to provide the many interested residents, including the 200
petitioners an opportunity to review the revised proposal. As such the comments in the report do not
relate to the proposal before Committee, but the original 13-storey
proposal. The proposal is significantly
revised in terms of the number of units, the parking requirements and
refinements on how the theatre will fit into the building. That was very unfair and she lodged an
official complaint. This should be kept
in mind when proposals are revised as a result of negotiations amongst staff,
community and the proponent. It is not
the proponents fault, but rests with staff.
Jonathan
Westeinde, representing Windmill Development Group (part of the Westeinde Group, This is a
challenging and contaminated site with large capital costs and risks to clean
up from a development point of view.
There are a number of ways to deal with these; one is to look at a
higher density to overcome the challenges or other available funding
mechanisms, which are not currently available.
They went beyond remediating the site and wanted to construct what is
planned as the greenest residential highrise in Canada, which is a Certified
Lead, popular in the US and becoming more popular in Canada. This would be the first Lead Gold Certified
building in Canada, if all comes to fruition.
To clarify the notion of the 13 storeys as a bargaining chip, they were
very clear when they approached the Community Association. The option presented was not 13 or
nothing. The 13 storey was felt to have
a much greater environmental performance, which is more of a needle design vs.
a 10 storey building that is the standard residential development
building. The response to that choice
was a desire for the best of both - a 10 storey that looked like the 13 storey
building, which was accommodated. The
zoning is envelope specific such that the aesthetic will remain the same and it
was opined that compromise made sense.
The three main concerns from the community were height, parking and the
inclusion of arts and culture facilities.
It is certainly not the most economically viable proposal, but it is
something Windmill would like to see in negotiating with the GCTC to locate on
the first two floors; thereby requiring greater height on those floors. As a result, they asked that the application
be modified to accommodate the theatre and other matters; however, there was a
need for additional height, which was acceptable. There are a number of partnerships - Virtu Car, Natural Resources
Canada and Industry Canada’s Eco-Smart Program to make this an example showcase
building.
Parking at .5 per
residential unit is viewed as their problem since there are many condominiums
in this area and insufficient parking will be a detraction to purchase in their
building vs. another building. This is
deliberate to encourage residents not to own a car and rather than have two
cars to use the Virtu Car Program for a second car. This location is near the transitway and close to downtown,
reducing the need for a car. That was
taken on as a development risk and is the ethic of developing this
building. With respect to GCTC parking
requirement, the existing location does not have dedicated parking off Preston
Street, but on street parking. They are
providing 19 dedicated parking spots on the first floor of the building. GCTC only operates 26 weeks of the year with
theatre times at off-peak hours; as well, patrons usually dine out and then
walk to the theatre. As such, much of
the parking is displaced. Given that it
is a theatre use, parking will be better accommodated than a commercial use on
the first two floors. Relative to the
petition, they had discussions with some individuals involved and found that
petitioners were opposed to a tall building and not against the particulars of
this site since many were not aware a theatre was contemplated and might not
have signed if they had been aware.
The following
correspondence was circulated and is on file with the City Clerk:
·
Letter from Louise Lépine in
opposition
·
E-mail dated 21 October 2003 from Brigid Hayes in support
·
Letter dated 22 October 2003 from Leonard Samek with attached letter
dated 8 August 2003 in opposition
·
Letter dated 22 October 2003 from Ken Huband in support of the comments
by the Hintonburg Community Association and concerned with the lack of due
process as well as the inadequate public consultation process
·
E-mail dated 23 October 2003 from Wanda Goneau in opposition
·
E-mail dated 23 October 2003 from Laura Brandon in opposition
Chair Hunter
closed the Public Meeting and the matter returned to Committee.
Councillor Little
expressed excitement about this development for obvious reasons. He was pleased to welcome GCTC to the
Hintonburg Community. As noted, the
main concerns dealt with the height of the building with meetings regarding
zoning-related matters. One meeting
dealt with parking issues and another will take place on the 27th. He thanked the developers as well as the
community for their input on this project.
Cullen
acknowledged this type of development and GCTC were a welcome addition to the
area, but he returned to the matter of Secondary Plans with the OP. He would be supporting the staff
recommendation, but averred residents expect that principles in a secondary
plan review will be respected and can rely on these to defend their communities
from adverse development. There is an
argument whether it is adverse development and it has been very well presented,
but the issue will arise again since the City contemplates carrying out
secondary planning processes and it is expected there is integrity in that
process.
The Committee approved the departmental recommendation.
That the Planning and Development Committee
recommend Council approve an amendment to the former City of Ottawa Zoning
By-Law, 1998 to modify the Neighbourhood Linear Commercial CN3 [514] F(3.0)
H(19) zoning of 1233 Wellington Street as detailed in Document 3 and shown in
Document 1.
CARRIED