Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
01 February 2008 / le 01 février 2008
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
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SUBJECT: |
ZONING - 308-328 Rideau Street and
263-287 Besserer Street (FILE NO. D02-02-07-0098) |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to the former City of
Ottawa Zoning By-law, to change the zoning of 308‑328 Rideau Street
and 263-287 Besserer Street, from a Neighbourhood Commercial CN11[916]F(3.5)
zone to a new Neighbourhood Commercial CN11 exception zone as
shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de
zonage de l’ancienne Ville d’Ottawa visant à faire passer la désignation de
zonage des propriétés situées aux 308-328, rue Rideau et aux 263-287, rue
Besserer, de « zone commerciale de quartier », CN11[916]F(3.5), à
« zone d’exception à une zone commerciale de quartier », CN 11, comme
l’illustre le document 1 et le précise le document 2.
BACKGROUND
The subject property is located on the east side of King Edward Avenue, in the block between Rideau and Besserer Streets and west of Nelson Street. Currently located on the Rideau Street frontage of the subject property is a retail business (music store), two restaurants and surface parking. Residential uses are located on the upper floors above one of the restaurants. The retail store occupies two storeys and the other restaurant is in a one-storey building. The Besserer Street frontage of the property is occupied by three low density residential dwellings and a surface parking lot. The applicant is proposing to construct a mixed-use commercial and residential building having frontage on both Rideau and Besserer Streets. The portion of the building along Rideau Street is intended to be 37 metres (14 storeys) and 19 metres (seven storeys) in height, with commercial uses on the ground floor and residential uses above. The portion of the building facing Besserer Street is intended to be 19 metres (six storeys) in height and contain only residential uses. Because of grade differences on the property, only six storeys is attainable along Besserer Street. In the middle of the property, between the two taller sections of the building, is to be a large common room and outdoor amenity area.
The subject property recently has been rezoned as part of the Uptown Rideau Community Design Plan (CDP). The former zoning was Neighbourhood Commercial CN7 F(2.0) and has been changed through the CDP to a new Neighbourhood Commercial CN11[916]F(3.5) zone. The subject CN11 zone has been appealed to the Ontario Municipal Board and a hearing is set for early March 2008. It is the applicant's intent to obtain a City Council position on the modifications proposed in this Report, so they can be presented at the Ontario Municipal Board Hearing. Both the previous and new Neighbourhood Commercial zones would permit the uses proposed for the subject property, however, the applicant is requesting modifications to the performance standards, to facilitate this development. These modifications relate to a reduction in required commercial and residential parking, a reduction in required amenity space, a change in height along Rideau Street, elimination of the floor space index applying to the property and an increase to the front yard setback.
DISCUSSION
The City’s Official Plan designates the subject property as Traditional Mainstreet. Lands with this designation are intended to be characterized by a streetscape having a continuous building façade. While parking is to occur along the street, surface parking lots on properties are to be minimized. Buildings are typically mixed-use, with residential uses located above grade and commercial uses, which create pedestrian activity and animation, being located at street level.
The recent Uptown Rideau Community Design Plan was undertaken with these and similar policies in mind. As part of the Community Design Plan, a new Land Use Category (Mainstreet Mixed Use) was created in the Sandy Hill Secondary Plan to reflect the desired development of Rideau Street, as well as the Traditional Mainstreet policies in the Official Plan.
The Mainstreet Mixed Use policies indicate that Rideau Street is to become a vibrant and charming community Mainstreet, with mid-rise buildings and a mix of land uses. There is to be a transition between Rideau Street and the surrounding residential neighbourhood, as well as pedestrian friendly sidewalks. The complementary zoning contained in the Community Design Plan was derived to achieve these goals.
It is the Department’s position that the applicant’s proposal, with the minor alterations requested to the zoning, would satisfy the intent of the Traditional Mainstreet designation, the Sandy Hill Secondary Plan and the Uptown Rideau Community Design Plan. In this regard, a mixed-use building will be located on site, which will have commercial uses at grade along Rideau Street, to create a vibrant and pedestrian friendly atmosphere, while having residential dwelling units above. The building will occupy the entire property, thereby also eliminating an existing surface parking lot and there will be a transition in lower building height, both to the south next to the residential community and also along Rideau Street, to the east, where only lower buildings are permitted.
PERFORMANCE STANDARDS MODIFICATIONS
Height Increase
Under the previous Neighbourhood Commercial CN7 F(2.0) zoning, the allowable height limit on the subject property and many properties along Rideau Street was limited to 18 metres. As part of the recent CDP, the height limit imposed by the previous zoning was respected for most properties and was limited to 19 metres. This cap was placed on many properties along Rideau Street to help establish a streetscape character based on a human-scale of development and building continuity. The extra metre was added to allow ground floors, which were higher than the upper floors, without taking away any development potential. However, it was also recognized as part of the CDP, that properties near the corner of King Edward Avenue and Rideau Street, which is the intersection of two arterial roadways and adjacent to the downtown, represented an opportunity for increased development potential. Correspondingly, the allowable height at these locations was increased to 37 metres. On the south side of Rideau Street, the CDP identified that this height increase was to extend east from the intersection of Rideau and King Edward, to cover approximately half of the applicant's site. After that, the height limit was to be 19 metres. However, the Zoning By-law was amended to extend the 37 metre height limit to over approximately 87 percent of the applicant's site. The applicant's proposal is to amend the Zoning By-law so that the 37 metre height limit applies to only approximately 60 percent of the lot frontage along Rideau Street. The remainder of the property will have a height limit of 19 metres. While this is slightly more than proposed by the CDP, it is less than what is presently allowed by the current Zoning and still satisfies the intent of the CDP.
The intent of the height increase along Rideau Street was to take advantage of the location next to two Arterial Roads and the proximity to the downtown while also understanding the need to create a transition to a lower height, further east along Rideau Street. On the south side of Rideau Street this was anticipated to occur west of Nelson Street. It is the Department's position that the Applicant's request for the 37 metre height limit meets this intent.
The frontage of the proposed building along Rideau will transition from 37 metres, to 19 metres approximately 21 metres before the subject property ends, which is approximately 40 metres before Nelson Street. This transition will respect the height limit allowed for buildings to the east along Rideau Street.
Floor Space Index
The development of the property is governed by the height limit, as well as the front, side and rear yard setback requirements. In addition, there is an allowable Floor Space Index (FSI) applying to the property. In this instance, it is 3.5. The FSI indicates that the floor area of the building(s) on the property can be three and a half times the size of the lot. Despite the development provisions set by the yard and height requirements and the associated development envelope, the present FSI will not allow this development potential to be realized. The applicant is requesting that the FSI be removed from the zoning and that the size of the building be regulated by height and yards. The Department recognizes this general drawback with FSI, as it does not allow for development potential that would otherwise be permitted by setback and height provisions of the Zoning By-law. To address this concern the new draft Zoning By‑law is eliminating the FSI provisions from most properties across the city.
The Department does not object to the removal of the FSI provisions, as it will allow for a building that satisfies the policies of Traditional Mainstreets. The development is respecting all the yard requirements in the CN11 zone and removal of the FSI will permit a building that is anticipated by the allowable height limit. Removal of the FSI will also allow a development that covers the entire frontage of the lot, so that in the case of Rideau Street, pedestrian activity and street level animation can be achieved.
Amenity Area
The amenity area requirements of 18.5 square metres per dwelling unit, with at least half of that area being provided outside and uncovered by a manmade object, were established in the previous CN7 F(2.0) zone and carried over to the new CN11 zoning through the [916] exception. This requirement is also unique in the Zoning By-law as the typical amenity area requirement found for residential developments is only 6.0 square metres per dwelling unit. The applicant is proposing to provide amenity area of 5.0 square metres per unit, with at least half being provided outside, which is consistent with the standard requirement found in the Zoning By-law.
The Department supports the requested reduction in amenity area as the provision of such a large amount of amenity area is more in keeping with residential development having a fewer number of units in a campus style setting. The applicant's request is comparable with the amenity area found in high-rise apartment buildings throughout the city. As well, a substantial part of the reduction results from the design of the building, which will not have outdoor balconies. In support of the intent of the amenity area provisions, the applicant is still proposing to establish half the amenity area outdoors in a common park area for the proposed development and will have a large lounge area that overlooks and leads to the outdoor amenity area.
As the subject property is located in a Traditional Mainstreet, adjacent to the Central Area, with its numerous public amenities and where buildings are expected to be constructed to lot lines, a reduced amount of Amenity Area can be considered appropriate.
Parking Requirements
The subject property is located on the east side of the intersection of King Edward Avenue and Rideau Street. The lands opposite, on the west side of the street, are located within the Central Area and as such, the requirement for commercial parking is less than for the subject property. Given the site's proximity to the Central Area, the applicant is requesting that the Central Area commercial parking rate apply to their site.
The Department concurs with the applicant's request, given the proximity of the Central Area. It is anticipated that the commercial uses that would be located in the new building would primarily serve the local community, those who either work in the area or have driven to the area for another purpose. It is unlikely that the commercial uses would generate a significant amount of purpose vehicle trips. It is also important to note, that in the new Zoning By-law, commercial parking for Traditional Mainstreets is not to be required for a commercial use under 420 square metres. Depending on the number and size of the tenants, no commercial parking could be required for this development in the future.
In addition to having the Central Area commercial parking rate apply to the subject property, the applicant is also requesting a reduction in the amount of residential parking required. Currently, the rate is 0.5 parking spaces per unit and the applicant is requesting to reduce the required parking to 0.25 spaces per unit.
It is the Department's position that the proposed reduction is appropriate as the subject building is intended to be used for residential rental purposes and is located next to the downtown, where it provides a housing opportunity for people to live and work who do not have the use of a private motor vehicle. It is also located on Rideau Street, which is a bus route and offers easy access to public transit. While the applicant is requesting a reduction in the amount of tenant parking, it is their intent to provide all the required visitor parking, to help minimize the parking impact on the surrounding municipal streets, such as Besserer.
Front Yard Setback
The Zoning Bylaw indicates that for properties having frontage on Rideau Street, the yard fronting that street shall be the front yard. The Bylaw also states that the maximum front yard setback for the first three storeys of a building shall be one metre. Above that, there is no maximum setback. The applicant is requesting that the one metre setback apply to only the first two floors and not the third floor. This request is being sought, as Ottawa Hydro regulations require a minimum five metre building setback from the existing hydro lines. The increased setback is not needed for the first two storeys, as the hydro lines are over 14 metres above grade and according to Ottawa Hydro, will not conflict with the lines.
The Department can support the request, as the first two storeys will still be next to the front lot line to help create a built form and streetscape character anticipated by the CDP and the Traditional Mainstreet policies of the Official Plan.
Conclusion
The requested modifications to the performance standards will allow a development that satisfies the policies in the Official Plan related to Traditional Mainstreets, the new Sandy Hill Secondary Plan related to Mainstreet Mixed-Use and do not compromise the zoning introduced by the Uptown Rideau Development Plan. They help clarify issues such as the height of the building along Rideau Street and create a development that was envisioned by that Plan. In this regard, the proposed development helps satisfy the primary principle of the Community Design Plan by helping to facilitate the physical revitalization of a street and streetscape.
A
complementary Site Plan Control Application to allow construction of the
proposed development has been submitted.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation. Sixteen responses were received as a result of the Public Notification. Four indicated they wanted more information regarding the proposal while 12 indicated that they had concerns. Concerns raised centred on traffic, parking and building height. A public meeting was held on January 10, 2008, which was attended by approximately 22 people. Concerns raised at this meeting were similar to those expressed through the City's Public Notification and Consultation process.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
This
application was processed by the "On Time Decision Date" established
for the processing of Zoning By-law amendment applications.
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, Claridge
Building Corporation 2001-210 Gladstone Avenue Ottawa, K2P 0Y6 Attention:
Jim Burghout, 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
The lands known municipally as 308-328 Rideau Street and 263 to 287 Besserer Street are zoned from Neighbourhood Commercial CN11[916] F(3.5) to a new Neighbourhood Commercial CN11 exception with the following exceptions:
- The Central Area parking rate for commercial uses shall apply to the property.
- The parking requirement for an apartment building, a high-rise apartment building and dwelling units shall be 0.25 spaces per unit.
- A height limit of 37 metres shall apply to Lots 14, 15 and 16 along Rideau Street.
- A height limit of 19 metres shall apply to Lot 17 along Rideau Street.
- The amenity area requirement shall be 5.0 square metres per unit, half of which must be provided outdoors and uncovered.
- No Floor Space Index shall apply to the property.
- There is no maximum setback for any part of a building over the second storey.
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. A public meeting was also held by the Ward Councillor, which was attended by 22 people. A summary of comments received and a response to those comments are provided below.
SUMMARY OF PUBLIC INPUT
Sixteen comments were received as a result of the public notification process. Twelve of those who responded had concerns regarding the proposal while four wanted more information. A summary of concerns and a response to those concerns is provided below.
1. The proposed reduction in on-site tenant parking will result in an even greater lack of available on-street parking.
Response
The proposed development is anticipated to be a rental accommodation, which will provide the opportunity for people who do not have access to a private vehicle, to live close to the downtown and use other means of transportation, such as transit, a bicycle or walking. As well, the applicant has not requested a reduction in the amount of visitor parking required for the site.
2. I am concerned that the height of the proposed building will negatively impact the residential character of Besserer Street.
Response
The height of the building along Besserer Street will be in keeping with the height established by the recent Community Design Plan. There are no proposals to increase building height along Besserer Street.
3. I do not want to see vehicles exiting the property and going directly onto Besserer Street.
Response
The location for vehicular access is a matter that will be determined through the Site Plan Control process.
4. During construction, I am concerned that heavy trucks will use Besserer Street to enter the site.
Response
Construction vehicles are intended to use Rideau Street to access the site during construction. However, it is recognised that under certain circumstances, such as construction on the Besserer Street façade, construction vehicles may need to use that street. Nevertheless, this impact is intended to be minimized.
5. The proposed development should respect the neighbourhood planning study recently completed for this area.
Response
As indicated in the Rationale of this submission, it is the Department's opinion that the proposed development respects the Neighbourhood Planning Study recently completed.
6. The building should be a good neighbour with respect to pedestrian circulation, lighting and safety. It should have doors at street level and not turn it's back to the neighbourhood.
Response
As part of the Site Plan application, the Department will ensure that the proposed development is a good neighbour and satisfies the policies of the Official Plan relating to Traditional Mainstreets, including pedestrian circulation, lighting and safety.
7. I am concerned about the increased traffic in the area as a result of this proposal.
Response
A traffic analysis for the proposed development has been submitted with the complementary Site Plan and has been reviewed by City staff. Any needed roadway modifications will be addressed at that time and if needed, will be the responsibility of the developer for implementation.
8. I am concerned about the requested increase in height along Rideau Street.
Response
As presented in this report, the increase in height along Rideau Street is only for a relatively small portion of the overall property and is actually a smaller area than would be permitted by the zoning that was passed by City Council.
9. There should be two storeys of retail on the Rideau Street side instead of one.
Response
The subject property is located in an area designated as Traditional Mainstreet by the City's Official Plan. This designation requires that the ground floor be commercial to encourage pedestrian activity and animation. It does not require commercial on upper floors. Nevertheless, commercial uses, such as offices can be located on upper floors.
The following are a list of concerns raised by people who attended the public meeting.
1. The lack of parking on site will result in excess on street parking, which is already a problem.
Response
As indicated, the proposed development is anticipated to provide the opportunity for people who do not have access to a private vehicle, to live close to the downtown and use other means of transportation, such as transit, a bicycle or walking. As well, the applicant has not requested a reduction in the amount of visitor parking required for the site, consequently, the impact to on street parking by tenants and visitors is expected to be minimal.
2. I do not like the loss of greenspace on the property.
Response
The applicant is providing the amount of amenity area on site that is typical of high-rise apartment buildings found throughout the city and in particular, the Central Area. It is the Department’s opinion, that the large common room and the outdoor park area will be adequate to meet the needs of the people living in the building.
3. I don’t want this building to become a student ghetto with continuous loud partying.
Response
The City cannot regulate who rents a property. However, issues such as noise can be dealt with through the City’s noise by-law and enforcement staff.
4. The proposed building will be too close to my building next door.
Response
The applicant is not seeking any amendments to the zoning setback requirements of the proposed development. It will be constructed in accordance with the existing yard provisions.
COUNCILLOR’S COMMENTS