8. ZONING – 100 - 126 RIDEAU STREET

ZONAGE – 100 - 126, RUE RIDEAU

Committee recommendationS

(This application is subject to Bill 51)

1. That Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to change the zoning at 100-126 Rideau Street to permit the continued use of an outdoor public parking lot for a temporary period of three years commencing from the time of enactment of the implementing by-law, as detailed in Document 1.

2. That the By-law to implement recommendation 1 not be enacted until such time as an updated site plan, to provide for improving the landscaping treatment, is submitted, and approved with an agreement entered into or a letter of undertaking provided.

3. That approval of the temporary zoning set out in recommendation 1 be null and void if the requirements of recommendation 2 have not been satisfied within six months of approval.

RecommandationS du Comité

(Cette demande est assujettie au Règlement 51)

1. Que le Conseil approuve une modification au Règlement de zonage de 1998 de l’ancienne Ville d’Ottawa, modifié, visant à faire passer la désignation de zonage des propriétés situées aux 100-126, rue Rideau de façon à y permettre le maintien d’un terrain de stationnement public extérieur pour une période temporaire de trois ans à compter de la date de promulgation du règlement d’application, comme le précise le document 1.

2. Que le règlement visant à assurer la mise en œuvre de la recommandation 1 ne soit pas promulgué tant qu’un plan d’implantation mis à jour prévoyant l’amélioration de l’aménagement paysager n’aura pas été soumis et n’aura pas fait l’objet d’une lettre d’entente ou d’une lettre d’engagement.

3. Que l’approbation du zonage temporaire décrit à la recommandation 1 soit nulle et non avenue si les exigences énoncées à la recommandation 2 n’ont pas été satisfaites dans les six mois suivant cette approbation.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated 26 October 2007 (ACS2007-PTE-APR-0188).

Report to/Rapport au:

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

26 October 2007 / le 26 octobre 2007

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Planning, Transit and the Environment

Urbanisme, Transport en commun et Environnement

Contact Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire, Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424, 13242 Grant.Lindsay@ottawa.ca

Rideau-Vanier (12)

Ref N°: ACS2007-PTE-APR-0188

SUBJECT:	ZONING – 100 - 126 RIDEAU STREET (FILE NO. D02-02-07-0066)

OBJET :	zonage - 100-126, rue rideau

REPORT RECOMMENDATION

1. That the Planning and Environment Committee recommend Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to change the zoning at 100-126 Rideau Street to permit the continued use of an outdoor public parking lot for a temporary period of three years commencing from the time of enactment of the implementing by-law, as detailed in Document 1.

3. That approval of the temporary zoning set out in recommendation 1 be null and void if the requirements of recommendation 2 have not been satisfied within six months of approval.

RECOMMANDATION DU RAPPORT

1. Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage de 1998 de l’ancienne Ville d’Ottawa, modifié, visant à faire passer la désignation de zonage des propriétés situées aux 100-126, rue Rideau de façon à y permettre le maintien d’un terrain de stationnement public extérieur pour une période temporaire de trois ans à compter de la date de promulgation du règlement d’application, comme le précise le document 1.

BACKGROUND

The subject property is located at 100 to 126 Rideau Street at the southwest corner of the Rideau Centre Complex, west of Nicholas Avenue. The property is currently used as a temporary surface parking lot for the Rideau Centre Complex, with an approximate area of 4300 square metres. A parking structure for the Rideau Centre Complex is across Besserer Court to the south. The Rideau Centre is to the west and to the east is a vacant building (former Ogilvy's Department Store). The Hudson Bay Company and other commercial businesses are along the north side of Rideau Street.

An outdoor public parking lot at 100-126 Rideau Street was first approved by City Council in January of 1993, as a temporary use, conditional upon receipt and approval of a site plan. Site Plan approval was granted in September of 1994. City Council on three further occasions has approved an outdoor parking lot, as a temporary use, for additional three-year periods, with the most recent expiring November 12, 2005.

Purpose of Zoning Amendment

A Zoning By-law Amendment has been submitted by Viking Rideau Corporation to re-establish the temporary zoning on the site to permit the continued operation of a public parking lot at this location for a further three-year period.

The owner was initially proposing to redevelop the site to provide for an expansion of the Rideau Centre Complex. The Site Plan application for this expansion was subsequently withdrawn with an application submitted to demolish and rebuild its parking garage, in phases, on the corner of Nicholas and Daly Streets.

During reconstruction the owner will require additional parking spaces to service the Rideau Centre Complex, prompting the submission of this application to re‑establish a temporary zoning for 100-126 Rideau Street.

Existing and Proposed Zoning

The existing zoning for the subject property is CB1 [705] F (8.0) SCH. 184 and 185 which is a Central Business District Commercial Zone (CB1). The exception [705] permits a temporary parking lot until November 12, 2005. The exception also allows an outdoor patio at grade at 160 Rideau Street, but this provision is an anomaly carried over from an earlier Zoning By-law. The property is subject to two schedules, which determine minimum and maximum building heights for the property (Schedule 184) and required landscaped areas for the temporary parking lot (Schedule 185). In addition the property is subject to two interim control by-laws, which are not impacted by this application.

The proposed zoning for the subject property would permit the continuation of an outdoor parking lot to exist for an additional three years, the removal of Schedule 185 (the required landscaping will be determined through the site plan process) and removal of the anomaly of the outdoor patio.

DISCUSSION

Official Plan Considerations

Strategic Directions

The strategic directions of the Official Plan recognizes that although priority is to be given to reducing car dependency, that all modes of transportation, including car travel need to be provided for. The strategic directions related to parking are:

1) To provide short-term parking that supports the vital interests of local businesses, institutions and tourism destinations.

2) To limit the supply of long-term parking to levels that balances the needs of automobile users with the City’s transit ridership objectives, while minimizing spillover parking in residential areas.

Central Area

The subject property is designated “Central Area” in the Official Plan. The policies acknowledge that in order to promote the Central Area’s vital role in the city that walking, cycling and transit to and in the Central Area will need to have priority.

Policies specific to parking address the unique role of the Central Area and are directed to support the provision of moderately priced, short-term parking to serve the retail and commercial sectors and the tourism industry and limiting the provision of long-term parking that would be attractive to commuters.

The Official Plan also discourages the provision of temporary surface parking lots on vacant sites and requiring new temporary surface parking lots within the Central Area to obtain a rezoning to assess their impact on the pedestrian environment. The Official Plan also provides that where a rezoning permits temporary surface parking, the City will require that the visual appearance of such parking areas be enhanced and screened through the use of substantial vegetation, while ensuring adequate public safety.

Proposed Development

The subject property currently provides primarily short term parking that is moderately priced, to support the vital interests of local businesses in the Rideau Centre Complex. The proposed demolition of the red garage contributes further to the parking need to maintain this.

Long term parking use is limited, which is consistent with the policy directions of the Official Plan. To respond to the policy directions to provide screening and landscaping where surface parking is provided, the recommendation included requires that the site plan be approved to improve the existing landscaping.

Conclusion

The Department is satisfied that the objectives set out in the Official Plan, related to the strategic directions for parking in the Central Area and the provisions for an enjoyable, safe and secure pedestrian environment have been met. The subject parking lot, in addition to being well integrated with the pedestrian environment along Rideau Street, addresses a need for short term public parking for the Rideau Centre Complex. The current surface parking lot would be maintained to provide short-term parking for the Rideau Centre Complex during reconstruction of one of the parking structures for the complex. Requiring an updated site plan will ensure that the parking will be appropriately integrated into the Rideau Street environment.

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councilor is aware of this application and the staff recommendation.

A summary of the Consultation Details appears in Document 3.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications due to requiring further information from the applicant.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, Viking Rideau Corporation, Rideau Centre, 50 Rideau Street, Suite 300, Ottawa, Ontario, K1N 9J7, applicant, Alan K Cohen, Soloway Wright LLP, 427 Laurier Avenue West, Suite 990, Ottawa, On, K1R 7Y2, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26‑76) of City Council’s decision.

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

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

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

By-law 93-98 be amended as follows:

Exception 705 of Part XV, Exceptions, be amended by:

deleting the following wording in Column III:

“one outdoor patio at grade permitted at the property known for municipal purposes as 160 Rideau Street”

deleting the wording in column II and replacing it with the following:

“Temporary use parking lot effective (date of enactment of the amending by-law) expiration (the date 3 years after the date of enactment of the amending by-law).”

Schedule 185 of Part XVI, Schedules, be deleted.

CONSULTATION DETAILS DOCUMENT 3

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.

SUMMARY OF PUBLIC INPUT

Comments were received from the public regarding this application. The following contains a summary of the comments and concerns by the community, followed by a response from the Department.

PUBLIC COMMENTS

Is it “temporary” if there is continual reapplication and approval for zoning amendments to permit a temporary surface parking lot every three years?

How long can a property continue to apply for this type of zoning?

Concern that the City does not have a better plan for the site and is catering to the car culture. Why is the City not intervening to move forward the construction of a convention centre on the property? Are parking lots and garages the only way to attract people to the Rideau Centre Complex?

COUNCILLOR’S COMMENTS

It was noted that Councillor Bedard would support the extension of the temporary zoning if beautification of the site was a condition.

RESPONSE FROM DEPARTMENT TO PUBLIC INPUT

Temporary parking can be granted by means of Zoning By-law amendments for periods of up to three years. There is nothing that prohibits the property owner from applying for temporary parking whenever the previous approval expires. Any request for a temporary zoning is subject to Council approval, which has the discretion to not approve the request.

For privately-owned properties, the City does not have the ability to force development to take place. Development occurs based on the development industry’s determination of what there is a demand for and the best alternative for their investment. The Official Plan has a vision over 20 years of how the City should develop and it is the intention of the Zoning By-law to permit the desired development over the long term. It has not been determined that this temporary parking would create obstacles to future development of the site or to the City’s vision of the development of the site over the long run.