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.

 

 

RECOMMANDATION DU COMITÉ

 

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

 

 

Ref N°: ACS2003-DEV-APR-0224

 

 

SUBJECT:

ZONING - 1233 WELLINGTON STREET  (FILE NO. D02-02-03-0118)

 

 

OBJET :

ZONAGE - 1233, RUE WELLINGTION (DOSSIER NO D02-02-03-0118)

 

 

REPORT RECOMMENDATION

[U1] 

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

[U2] 

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

 

 

APPLICATION PROCESS TIMELINE STATUS

 

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.


LOCATION MAP                                                                                                         Document 1

 

 

 


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.

 


SETBACKS AND HEIGHTS                                                                                       Document 4

 


 


PRELIMINARY SITE PLAN AND ELEVATIONS                                                  Document 5

 



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

 

 

 


 [U1]For applications that do not require a map

 [U2]If there are no objections…