Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

06 December 2005 / le 06 décembre 2005

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

Directeur municipal adjoint,

Planning and Growth Management/Urbanisme et Gestion de la croissance

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

Development Approvals/Approbation des demandes d’aménagement

(613) 580-2424 x, 13242

Rideau -Vanier (12)

Ref N°: ACS2006-PGM-APR-0006

SUBJECT:	ZONING - 43, 45 and 49 MCARTHUR AVENUE AND 356 MAYFIELD STREET (D02-02-05-0096)

OBJET :	ZONAGE - 43, 45 ET 49, AVENUE MCARTHUR ET 356, RUE MAYFIELD (D02-02-05-0096)

REPORT RECOMMENDATION

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Vanier Zoning By-Law Number 2380, to change the zoning of 43, 45 and 49 McArthur Avenue and 356 Mayfield Street from R6 - Residential Complex Zone to C1/A - District Commercial Zone as as shown in Document 1 and with Exceptions as detailed in Document 3.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver une modification au Règlement de zonage numéro 2380 de l’ancienne Ville de Vanier en vue de changer la désignation de zonage du 43, 45 et 49, avenue McArthur et du 356, rue Mayfield de R6 – zone de complexe résidentiel à C1/A – zone commerciale de district, tel qu’il est indiqué dans le document 1 et expliqué dans le document 3 avec les exceptions.

BACKGROUND

The site, as 43, 45 and 49 McArthur Avenue and 356 Mayfield Street is located at the northwest corner of McArthur Avenue and Mayfield Street. The subject site has a total lot area of 1 180 square metres with 38.63 metres of frontage along McArthur Avenue and 30.45 metres of frontage along Mayfield Street. A semi-detached building and two triplexes currently occupy the site. The site is bounded to the east by an automotive garage, to the north by a 4 ½ storey apartment building, to the west by the Royal Canadian Geographical Society headquarters, and to the south by a food store and a mix of commercial and residential uses along the south side of McArthur Avenue.

The Proposal

The applicant has proposed to develop the subject lands with a nine storey, mixed-use commercial and residential building with three levels of underground parking. Floors 7 and 8 are to be set back from the edge of the 6^th floor. The top floor (9^th floor) is to be used only for the required amenity space and mechanical room and is also to be smaller in size (set back from the edge of the 8^th floor). The proposed development will have 528 square metres of commercial space on the ground floor and 52 residential condominium units (20 one-bedroom units and 32 two-bedroom) on the upper floors. The below-grade parking spaces and the at-grade loading space will be accessible from Mayfield Street and the main entrance to the building will be from McArthur Avenue. Visitor parking spaces will be located on the first below-grade parking level.

Current Zoning

The subject lands are currently zoned R6 (Residential Complex Zone – 120 units per net hectare) and permits limited residential uses including an apartment dwelling house, and limited non-residential uses such as day care centre, school, nursery school, and senior citizen drop-in centre.

For the residential use, the maximum building height can be up to 24.5 metres (8 storeys) and there is a density of 120 units per net hectare.

Proposed Zoning

The applicant has requested to change the existing R6 - Residential Complex Zone to a C1/A - District Commercial Zone with exceptions to building setback, density, and height. This zoning is intended to accommodate a nine storey mixed residential and commercial building close to McArthur Avenue, with underground parking. The requested exceptions to the C1/A zone pertain to:

· allowing a maximum building height of 32.0 metres for part of the site and regulating heights with a Schedule

· allowing a maximum density of 445 units per net hectare

· allowing balconies to project into any required yard but not closer than 0.2 metres to any lot line

· prohibiting the following uses: commercial parking lot and secondary commercial parking

The C1/A zone allows for such uses as one or more dwelling units, home for the aged and a nursing home if located above the first storey, and that the first storey be occupied by the permitted non-residential uses. A wide variety of non-residential uses such as retail stores, offices, clinics, cinema, service uses and public uses are permitted. The maximum building height permitted is eight storeys; floor space index for non-residential uses is 2.0; minimum lot area is 450 square metres; minimum lot frontage is 15.0 metres; minimum front yard setback is 3.0 metres; minimum rear yard setback is 3.5 metres; minimum interior side yard is 0.0 metres; minimum exterior side yard is 3.0 metres; and the minimum dwelling unit area is 37.0 square metres.

DISCUSSION

The property is designated District Commercial and Residential Intensification Focus Zone in the Former City of Vanier Official Plan, Traditional Mainstreet in the City Council Approved Official Plan and General Urban Area in the Former Regional Official Plan. All three of these plans permit residential intensification with commercial uses at grade for the subject property.

CITY COUNCIL APPROVED OFFICIAL PLAN

Section 2.2.3 Managing Growth Within the Urban Area notes that the projected urban population and associated land required for housing and jobs can be accommodated within the existing urban area. It also provides for intensification within the designated urban area to be directed to locations with significant mixed use development potential. This includes areas designated as Central Area, Mixed-Use Centres, Employment Areas, Enterprise Areas, Developing Communities and Mainstreets. The subject site is designated Traditional Mainstreet in the Council approved Official Plan.

Lands designated Mainstreets are intended to become linear mixed-use focal areas allowing for a more dense and urban form of development, while building sensitively on existing neighbourhoods and supporting pedestrian activity. The proposed rezoning to allow ground floor commercial uses, to increase the maximum height so as to accommodate an additional floor over what is now allowed, and to increase the residential unit count will allow a more dense and urban form of mixed use development for the subject property with ground floor commercial and upper floor residential to achieve the Plan’s objectives for Mainstreets. Further, the recommended C1/A zone will match the existing zoning of the abutting properties along the north side of McArthur Avenue to the east and west of the subject lands to provide for continuity of the nature of uses permitted along McArthur Avenue.

In addition to assessing the proposal relative to the policies applicable to Mainstreets, the Compatibility and Community Design section of the City Council Approved Official Plan also sets out policies to be considered in the review of intensification and infill development applications. This section of the Plan acknowledges that zoning changes may be needed to allow height or density increases to achieve the plans intensification objectives. The location of the subject property matches the conditions possibly requiring a zoning amendment, and the height and density increases requested are in keeping with the approach anticipated by the Compatibility and Community Design section. Policies are set out that direct the use of compensatory physical design techniques to deal with variations from the existing architectural and built form relationships and characteristics found in the area. The proposed amendment will exhibit a built form that is different from that now found in the immediately adjacent areas which tend to be characterized by lower profile developments. However, the proposed development is consistent with the built form contemplated under the current zoning which allows for an eight storey building on the property. The additional storey, to respond to the policies dealing with development compatibility will be setback from the main building facades with the additional storey intended to accommodate only the buildings mechanical penthouse and common amenity space for the residential component of the development.

The policies for water and wastewater servicing require that there be a reliable water supply and safe wastewater disposal available to all development. There is adequate water and sewer services available to accommodate redevelopment at the subject location as proposed. Also, a traffic impact overview submitted with the rezoning application has indicated that the proposed development would have a minor impact on the existing operation of the area road network. This overview has been reviewed and accepted by staff.

In summary, the use proposed, the building height, building mass, setbacks between buildings and rear yard setbacks all contribute to making this a compatible infill project. It is consistent with the planned function for the area as reflected by the development scale permitted by the existing zoning and the policy directives of the City Council Approved Official Plan for development along Mainstreets. Density increases are moderate, servicing efficiencies and improvements will be realized, and the traffic impacts are minor.

FORMER REGIONAL OFFICIAL PLAN POLICIES

The Official Plan of the former Region of Ottawa Carleton (ROP) designates the subject lands as General Urban Area. Lands designated General Urban Area are to be used primarily for residential purposes, and for supportive shopping, service and community facilities. The ROP contains a development strategy for residential intensification. As stated in the Official Plan, this strategy is intended to encourage denser, compact and more balanced development on land designated for urban purposes. This policy was established to achieve objectives related to reducing the dependence on the automobile, providing more efficient use of existing land, facilities and services as well as supporting and encouraging economic development.

The ROP policies of Section 2.5 deal with development inside the Greenbelt and support zoning changes that ensure a mix of residential and non-residential development on Regional roads with transit routes and support zoning by-laws for higher density throughout the urban area. The policies of Section 2.5 call for development that respects the characteristics of existing communities and minimizes significant impacts on adjacent established residential areas. The proposed re-zoning will:

· contribute to a mix of residential and street-oriented commercial development along McArthur Avenue, which is a Regional road served by transit routes;

· foster an opportunity for a development providing increased density in the urban area;

· provide for a built form consistent with that contemplated for the site and area under the current zoning ; and

· have minimal impact on the adjacent existing residential area.

The proposed re-zoning is therefore considered to be in keeping with the intent of the General Urban Area designation and satisfies the intent of the policies of the ROP pertaining to mixed-use development in the urban area.

FORMER CITY OF VANIER OFFICIAL PLAN

The former City of Vanier Official Plan designates the subject lands as District Commercial (Schedule “A”) and Residential Intensification Focus Zone: Southwest Sector (Schedule “E”).

The District Commercial policies state that uses located within this designation shall contain a variety of small professional offices, specialty businesses, personal service uses, retail stores and restaurants. Mixed-use projects comprising of commercial uses at-grade with residential on the upper floors is required as a minimum. Streetscape improvements and neighbourhood-style building facades will create a unique and attractive environment. The proposed 9-storey residential building will meet the policies of Section 4.4.1.2 of the former City of Vanier Official Plan. The proposed development has architectural interest, is oriented to the street, and will improve the streetscape along McArthur Avenue and Mayfield Street.

Residential Intensification Focus Zone: Southwest Sector (Schedule “E”): Within residential intensification zones, densification, infill and redevelopment forms of intensification will be permitted and encouraged. Such zones have been defined on the basis of locational characteristics such as proximity to collector or arterial roads, proximity to public transit and the existence of natural land assemblies. The proposed rezoning to permit one additional storey to accommodate residential amenity space for a mixed-use development and allow for an increased residential unit count will fulfill the policies of the residential Intensification Focus Zone.

CONSULTATION

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. There were five responses to the notification, which are described and addressed in Document 7.

The Ward Councillor is aware of this application and the staff recommendation. The Councillor held a meeting on October 4, 2005 with all concerned residents and the developer. The issues raised are described and addressed in Document 7.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was not processed within the “On Time Decision Date” established for Zoning By-law Amendments. More time was required to address the issues related to the original request of developing the site with a 14-storey, mixed-use building, and to agree on a more compatible development.

SUPPORTING DOCUMENTATION

Document 1 Location Plan

Document 2- Explanatory Note

Document 3 Details of Proposed Zoning

Document 4 Schedule G (building heights and setbacks)

Document 5 Proposed South Elevation

Document 6 Proposed East Elevation

Document 7 Consultation Details

DISPOSITION

Department of Corporate Services, Secretariat Services to notify the owner/agent (Jean Massicotte, 319 Palace Street, Ottawa, Ontario, K1L 7V5) and the Program Manager, Assessment, Corporate Services Department of City Council’s decision.

Legal Services to forward the implementing by-law to City Council.

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

Document 1

LOCATION PLAN

Document 2

EXPLANATORY NOTE

THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER

By-law Number ……… amends By-law Number 2380, of the former City of Vanier Restricted Area (Zoning) By-law. This amendment affects the lands located at the northwest corner of McArthur Avenue and Mayfield Street in the former City of Vanier. These assembled parcels of land are known municipally as 43, 45 & 49 McArthur Avenue and 356 Mayfield Street. It is proposed to rezone the property to permit the development of a 9-storey, mixed-use commercial and residential building with three levels of underground parking. The extent of the lands can be seen on Document 1.

Current Zoning

The subject property is currently zoned R6 (Residential Complex Zone – 120 units per net hectare) and permits limited residential uses including an apartment dwelling house, and limited non-residential uses such as day care centre, school, nursery school, and senior citizen drop-in centre. The maximum building height is 24.5 metres (approximately 8 storeys) and there is a density limit of 120 units per net hectare. All of the yard setbacks vary from a minimum of 4.5 metres for the front yard, 7.5 metres for the rear yard, and 4.5 metres for an exterior side yard. Provisions such as lot frontage, lot area, interior side yard, dwelling unit area, and landscape open space are also set out.

Proposed Zoning

The proposed zoning is C1/A – District Commercial Zone with exceptions. The C1 zone permits a common set of commercial and residential uses. Residential uses such as one or more dwelling units, home for the aged, and nursing home, if located above the first storey, and that the first storey be occupied by the permitted non-residential uses (commercial) are permitted. A wide variety of non-residential uses such as retail stores, offices, clinics, cinema, as well as service uses and public uses are permitted. The suffix “/A” is intended to refer to zoning provisions applicable to areas of high intensity development in the District Commercial Zones.

The exceptions proposed for the C1A zone to accommodate the proposed development are the following: regulating the maximum building heights, yard requirements and setbacks of building walls as per Schedule G (see attached); allowing a maximum density of 445 units per net hectare; allowing balconies to project into any required yard but not closer than 0.2 metres to any lot line; prohibiting a commercial parking lot and secondary commercial parking uses.

For further information, please contact Denis Charron at 580-2424 extension 13422.

Document 3

DETAILS OF RECOMMENDED ZONING

1. The property as shown in Document 1 will be rezoned from R6 to C1/A-exception including the following zone requirement exceptions:

a. the maximum building heights are as per Schedule G

b. the yard requirements and setbacks of building walls are as per Schedule G

c. despite subsection 6.29 (a) the maximum density is 445 units per net hectare

d. subsection 6.29 (d) does not apply

e. balconies may project into any required yard but may not be located closer than

0.2 metres to any lot line.

f. commercial parking lot and secondary commercial parking uses are prohibited.

2. Document 4 will be added to By-law 2380 as Schedule G.

Document 4

REVISED SCHEDULE G (BUILDING HEIGHTS AND SETBACKS)

Document 5

PROPOSED SOUTH ELEVATION

zONING - 43, 45, and 49 MCARTHUR AVENUE
AND 356 MAYFIELD STREEt

zONAGE - 43, 45, et 49, AVENUE MCARTHUR
ET 356, RUE MAYFIELd

ACS2006-PGM-APR-0006 RIDEAU-VANIER (12)

Mr. Denis Charron, Planner, Development Approvals West/Central Division, presented the staff report relative to a proposal for a nine-storey mixed-use commercial and residential building with three levels of underground parking on McArthur Avenue and Mayfield Street.

The proponent, Mr. Jean Massicotte, appeared before the Committee, to request a change in the maximum height for Area E from 32 to 35 metres and to be allowed to provide commercial parking to meet local demands. He said this would make the project more viable to him financially. The project Architect, Mr. Tino Tolot, indicated that the original proposal called for a 14-storey building and that the changes in the maximum height of Areas A through E (Document 4 of the report) would be needed to achieve the goal of financial viability for the proponent.

Councillor Georges Bédard advised that he would present a Motion in support of the requested changes. He added that the community has accepted the project and through discussions with staff, the Councillor has been able to address some of their concerns. With regard the issue of commercial parking, Councillor Bédard's view was that it should be permitted but not along McArthur Avenue, which is a Mainstreet under the Official Plan policy.

Mr. Ed Hiscoe, a resident of Montgomery Street, objected to the proposal because of the additional traffic it will generate and the lack of on-street parking required to meet the need. He also expressed concern about the occupancy of the building, specifically whether it would cater to adult tenants only or with children, and whether it would be considered for residential condominiums, which usually have permanent, as opposed to transitory tenants. The complete text of Mr. Hiscoe's presentation is on file with the City Clerk.

With regard to the on-street parking permits that Mr. Hiscoe also mentioned in his presentation, Councillor Bédard noted this was the only ward in the City where non-residents could have on-street parking permits. He expressed his belief that this practice would need to be reviewed in the near future.

In reply to questions from Councillor Gord Hunter on the height of the proposed building, Mr. Hiscoe felt it would not fit-in and would be an eyesore. He was concerned about his loss of privacy, with building tenants being able to see into his back yard from their balconies. The speaker also mentioned there would be no parking for the commercial property at ground level, adding to the existing problems in the area.

Councillor Bédard presented a Motion calling for changes in building heights and setbacks, for the building to be limited to eight (8) storeys plus mechanical and amenities rooms and for flexibility to allow for additional commercial parking below grade, to alleviate parking concerns.

In reply to a question from Councillor Alex Cullen, the Planner, D. Charron confirmed that the proposed Motion would maintain the number of floors while stretching the height of the units by 3 metres. Having heard the Councillor's view that this was more of a site plan control than a zoning matter, the Deputy City Manager, Ned Lathrop agreed, but he felt it was appropriate to debate them at this time as a way of giving direction to staff.

Councillor Hunter said that, in light of the existing parking problems, he was not comfortable with dealing with secondary parking issues by committing to a policy that has not been fully vetted and that may not work. He suggested that this be looked at through the site plan process as opposed to being determined at this time.

Mr. Lathrop pointed out that visitor parking has to be convenient, but has to relate to the size and scale of building. He agreed that this should be a site plan issue rather than a policy issue.

Chair Hume then called for the vote on the Motion.

Moved by G. Bédard

1. That under the heading Details of Recommended Zoning in Document 3, subsection 1f. be amended to read: “commercial parking lot is permitted below grade” and that the issue of secondary parking uses be referred to staff to be considered under the Site Plan Control Process;

2. That staff be directed that visitor parking not be limited to any given floor

3. That Document 4 (Schedule G - Building Heights and Setbacks) be amended to read:

“HEIGHT LIMITS; Area ‘A’ = 7.0m Maximum Height

Area ‘B’ = 23.0m Maximum Height

Area ‘C’ = 30.0m Maximum Height

Area ‘D’ = 33.0m Maximum Height

Area ‘E’ = 35.0m Maximum Height

Maximum height of 8 storeys plus one storey for mechanical and amenities rooms”

4. That no further notice be given under Section 34(17) of the Planning Act.

CARRIED as amended

Mr. Lathrop pointed out that visitor parking has to be convenient, but has to relate to the size and scale of building. He agreed that this should be a site plan issue rather than a policy issue.

Chair Hume then called for the vote on the Motion.

Moved by G. Bédard

2. That staff be directed that visitor parking not be limited to any given floor

3. That Document 4 (Schedule G - Building Heights and Setbacks) be amended to read:

“HEIGHT LIMITS; Area ‘A’ = 7.0m Maximum Height

Area ‘B’ = 23.0m Maximum Height

Area ‘C’ = 30.0m Maximum Height

Area ‘D’ = 33.0m Maximum Height

Area ‘E’ = 35.0m Maximum Height

Maximum height of 8 storeys plus one storey for mechanical and amenities rooms”

4. That no further notice be given under Section 34(17) of the Planning Act.

CARRIED as amended

APPLICATION PROCESS TIMELINE STATUS

Current Zoning

Proposed Zoning

Councillor’s Comments

Summary of Concerns From Public and Response

Response

Response

Response