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2. ZONING - 1080 BANK STREET ZONAGE - 1080 RUE
BANK |
Committee recommendations
(This
application is subject to Bill 51)
That Council:
1. Approve
an amendment to Zoning By-law 2008-250 to change the zoning of 1080 Bank
Street, as shown in Document 1, from Traditional Mainstreet - TM2 H (15) and
Traditional Mainstreet - TM2 [98] H(14) to TM2 [98] H(15) as detailed in
Document 2.
2. Approve an amendment to the former City of Ottawa Zoning By-law 93-98 to change the zoning provisions for part of 1080 Bank Street, as shown in Document 1, to reduce the separation for a parking lot from a public street, as detailed in Document 2.
Recommandations du Comité
(Cette demande
est assujettie au Règlement 51)
Que le Conseil :
1. approuve une modification au Règlement
de zonage 2008-250 visant à faire passer la désignation de zonage de la
propriété située au 1080, rue Bank et illustrée dans le document 1, de Rue
principale traditionnelle - TM2 H (15) et Rue principale traditionnelle - TM2
[98] H(14) à TM2 [98] H(15), comme le précise le Document 2.
2. approuve une modification au Règlement
de zonage 93-98 de l’ancienne Ville d’Ottawa afin de changer les dispositions
de zonage relatives à une partie de la propriété située au 1080, rue Bank et
illustrée dans le document 1, afin de réduire la distance séparant un terrain
de stationnement d’une rue publique, comme le précise le Document 2.
Documentation
1.
Deputy
City Manager's report, Infrastructure Services and Community Sustainability,
dated 24 December 2008 (ACS2009-ICS-PLA-0010).
2. Extract
of Draft Minute, 13 January 2009.
Report to/Rapport au :
Planning
and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
24 December 2008 / le 24 décembre 2009
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe,
Infrastructure
Services and Community Sustainability
Services d’infrastructure et Viabilité des collectivités
Contact
Person/Personne-ressource : Grant Lindsay, Manager/Gestionnaire,
Development Approvals/Approbation des demandes d'aménagement, Planning and
Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET: |
REPORT RECOMMENDATIONS
That the
Planning and Environment Committee recommend Council:
1. Approve an amendment
to Zoning By-law 2008-250 to change the zoning of 1080 Bank Street, as
shown in Document 1, from Traditional Mainstreet - TM2 H (15) and Traditional
Mainstreet - TM2 [98] H(14) to TM2 [98] H(15) as detailed in Document 2.
2. Approve an amendment to the former City of Ottawa Zoning By-law 93-98 to change the zoning provisions for part of 1080 Bank Street, as shown in Document 1, to reduce the separation for a parking lot from a public street, as detailed in Document 2.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de recommande au Conseil :
1. d’approuver
une modification au Règlement de zonage 2008-250 visant à faire passer la
désignation de zonage de la propriété située au 1080, rue Bank et illustrée
dans le document 1, de Rue principale traditionnelle - TM2 H (15) et Rue
principale traditionnelle - TM2 [98] H(14) à TM2 [98] H(15), comme le précise
le Document 2.
2. d’approuver
une modification au Règlement de zonage 93-98 de l’ancienne Ville d’Ottawa afin
de changer les dispositions de zonage relatives à une partie de la propriété
située au 1080, rue Bank et illustrée dans le document 1, afin de réduire la
distance séparant un terrain de stationnement d’une rue publique, comme le
précise le Document 2.
BACKGROUND
The subject property, 1080 Bank Street, is located at the north west
corner of Bank Street and Sunnyside Avenue, with 27 metres of frontage on the
west side of Bank Street and 74 metres of frontage along the north side of
Sunnyside Avenue. The subject property has a total area of 2030 square
metres. The Mayfair Theatre is located
adjacent to the north side of the site with a low profile residential
neighbourhood located to the west. Across
Bank Street, on the north east corner is a parking lot and chip wagon; a Second
Cup restaurant is on the southeast corner; and a restaurant with rental units
above and Hopewell Public School exists directly across Sunnyside Avenue to the
south. A parking lot, a two-storey
residential building (converted to an office building) and a single detached
dwelling, both of which are proposed to be demolished, currently occupy the
site. The Bank Street portion of the site
previously accommodated a gas station.
Purpose
of Zoning Amendment
The purpose of the amendment is
to permit the development of a two-storey commercial building with retail at grade and office on the second
floor. The proposed building would have
a total gross floor area of
approximately 1970 square metres (retail 1105 and office 865 square
metres) with a height of 10.76
metres. Twelve surface parking spaces
are proposed in the rear yard with access from Sunnyside Avenue.
The zoning as
per the recently adopted Comprehensive Zoning By-law (By-law 2008-250) is
Traditional Mainstreet, subzone 2 with a maximum height of 15 metres (TM2
H(15)) for the Bank Street portion of the property and Traditional Mainstreet,
subzone 2 with a maximum height of 14 metres and an exception (TM2 [98] H(14))
that limits commercial uses and permits various residential uses on the rear
portion of the property. The exceptions
that apply to the rear of the property
were put in place as site specific exceptions for a previous development
proposal that was never pursued.
As the new By-law is within the appeal period, the zoning from the
previous by-law must also be considered and the strictest provisions of the two
by-laws are to prevail. The zoning of
the subject property, as per Zoning By-law 93-98 is Neighbourhood Linear
Commercial, subzone 10 with a maximum height of 13.8 metres (CN10
H(13.8)). A portion of the property
where the residential unit is located has an exception that limits commercial
uses and permits various residential uses (CN10 [560] H(13.8)).
The proposed rezoning would create one TM2 zone designation with an exception and a consistent height limit (15 metres) for the entire property. The current exception, which relates to the rear of the property has provisions regarding what uses are permitted and specific provisions for parking. These exception provisions would be deleted in their entirety. The number 98 would be reused for the new exception, which would be for the entire property. Exception provisions would be established to require only 12 parking spaces rather than the 48 spaces as required under the general provisions. In addition, performance standards would be included regarding side yards, minimum landscaping buffers, maximum gross floor area for a single use, and bicycle aisle and space provisions. Finally, the exception would limit use of the rear of the site, within 20.3 metres of the rear lot line to only parking and/or open space.
Section 110 of the Comprehensive Zoning By-law has been appealed which relates to Landscaping Provisions for Parking Lots. Therefore it is also required to vary one of the performance standards of the former City of Ottawa Zoning By-law 93-98 to reflect the reduction in the required landscaping buffer for a parking lot abutting a street, similar to the request for a change in the New Comprehensive Zoning By-law.
DISCUSSION
Official Plan Considerations
Strategic Directions
One
strategic direction of the Official Plan is to manage growth by accommodating
approximately 90 per cent of the growth in population, jobs and housing within
areas designated within the urban boundary in the Official Plan. These are
areas where services are already available or can be readily provided through
the logical extension of existing services.
Concentrating growth within the designated urban area also allows for a
pattern and density of development that supports transit, cycling and walking
as viable and attractive alternatives to the private automobile.
Within
the designated urban area, growth will be directed to locations with
significant development potential, specifically those designated as Central
Area, Mixed-Use Centres, Employment Areas, Enterprise Areas, Developing
Communities and Mainstreets. These areas include locations that are centred on
the rapid-transit network, major roads, busy commercial streets, and large
tracts of vacant land. In addition, the
City supports intensification and infill development throughout the urban area
and promotes opportunities for intensification and infill for lands used as
parking lots and lands where records indicate existing contamination due to
previous uses, but which can be made suitable for development if cleaned up,
provided that all other policies in the Plan are met. Also to promote compact, mixed-use development, the direction is
provided to consider opportunities to reduce the amount of land used for
parking, such as reductions in parking standards and the creation of municipal
parking structures.
Introducing
new development in existing areas that have developed over a long period of
time requires a sensitive approach to differences between the new development
and the established area. The Official Plan provides guidance on measures that
will mitigate these differences and help achieve compatibility of form and
function. Allowing for some flexibility and variation that complements the
character of existing communities is central to successful intensification. In general terms, compatible development
means development that, although it is not necessarily the same as or similar
to existing buildings in the vicinity, nonetheless enhances an established
community and coexists with existing development without causing undue adverse impact
on surrounding properties. It ‘fits well’ within its physical context and
‘works well’ among those functions that surround it. Generally speaking, the
more a new development can incorporate the common characteristics of its
setting in its design, the more compatible it will be. Nevertheless, a
development can be designed to fit and work well in a certain existing context
without being ‘the same as’ the existing development.
The Official Plan recognizes that the zoning in many areas of the city,
including along Traditional Mainstreets, may require an amendment to the Zoning
By-law to achieve the objective of new development to provide for a mix of
uses, in a manner that enhances an established community and coexists with
existing development without causing undue adverse impact on surrounding
properties. In these circumstances, the
compatibility of the proposed development must be considered. An assessment of the compatibility of new
development involves consideration of built form, context and fit relative to
design principles and objectives set out in Section 2.5.1– Compatibility and
Community Design.
In
reviewing the proposal relative to the policies and considerations set out in
Section 2.5.1, it is considered appropriate.
The height and massing of the building satisfies the minimum number of
storeys of two, as set out in the Official Plan and the Zoning By-law while
keeping a similar profile to buildings in the area. The façade, articulation of the two storeys, the use of brick and
glass all contribute to a building that not only maintains the character of the
area but enhances it, filling an existing void along the street at a key
location. The store frontage along Bank
Street is similar to the frontages of some of the proximate businesses in the
area. Further, in addition to filling a
void, the continuity of buildings along Bank Street will be enhanced, with a
minimal front yard setback, minimal space between the building and the adjacent
commercial property (The Mayfair).
Locating parking in the rear with access from Sunnyside Avenue also
ensures that the built form continuity along Bank Street will be
maintained.
Traditional Mainstreet
The
subject property is designated ‘Traditional Mainstreet’ in the Official
Plan. Mainstreets are identified as
areas that offer some of the most significant opportunities in the city for
intensification through more compact forms of development, a lively mix of uses
and a pedestrian-friendly environment. Mixed-use
development combines housing, employment, shopping, recreation or other uses
within the same building or within walking distance of each other. A mix of
land uses permits people who live and work in the area to satisfy many of their
daily needs locally instead of having to travel to other parts of the
city. Over time, it is the City’s
intent that Mainstreets achieve more compact, mixed-use, pedestrian-oriented
development patterns. A broad range of
uses is permitted within the “Traditional Mainstreet” designation including
retail and service commercial uses, offices, residential and institutional
uses.
As
noted, the zoning modifications requested are to accommodate a proposed
two-storey commercial building with an at-grade retail use and a second storey
office space. The proposed uses would
contribute to the existing mix of uses along Bank Street and with the proposed
two‑storey building, fits with the surrounding pattern of development.
The Zoning By‑law permits the proposed uses that will occupy the
development but limits the area on the ground floor that can be occupied by a
single retail tenancey. The requested
modification to the zoning to allow for the proposed use to occupy a greater
area is not precluded under the Official Plan.
Rather, the uses as proposed are permitted and staff is of the view that
allowing an increased area for a retail use, will not adversly impact the small
scale retail character that is to be retained along Bank Street, given the
depth of the subject property. In this
regard, the frontage of the retail use typifies the retail frontages
characterizing the area. The proposed
drug store use is also a use that is serves the neighbourhood.
The
introduction of a new neighbourhood serving use will further enhance the
relationship between the Bank Street commercial corridor and adajcent
residential uses as contemplated under the Official Plan policies for
Traditional Mainstreets. Being a use
that will largely serve the adjacent community, it is expected that it will
attract a significant number of patrons who will walk, cycle or take
transit. This allows the number of
parking spaces provided on site to be minimized so as to contribute to
achieving the built form objectives for areas designated Traditional Mainstreet
including the promotion of pedestrian activity and animation.
Staff
are satisfied that the proposed development responds to the Official Plan
policy objectives as it relates to Traditional Mainstreets and will contribute
to strengtheining the small scale commercial fabric and pedestrian focus along
Bank Street in Old Ottawa South.
Review of
Development Applications and Compatibility
In
addition to the policies set out in Section 2.5.1 dealing with built form,
context and fit, Section 4.11 of the Official Plan sets out more tangible
criteria for assessing compatibility of
proposed developments. The matters of
relevance to the review of the rezoning application relates to some of the
operational characteristics of the proposal including traffic, vehicular
access, outdoor amenity area, loading, service and outdoor storage areas.
To
address concerns related to traffic, the applicant undertook a traffic
assessment to determine if there would be any adverse operational impacts
resulting from the proposed development on the area road system or on pedestrian
activity in the area. The study
concluded that no issues of concern related to either the ability of the roads
to accommodate any traffic generated or on pedestrian activity would result. Staff have reviewed the report and concur
with the findings.
As
noted, it is proposed to limit the amount of parking provided for the
development in recognition of the use being a neighborhood serving use. Given the site’s location in Old Ottawa
South which is known as a very walkable community, it is expected that many
patrons to the drug store will walk or use modes of travel other than an
automobile. Staff concur with the
assumptions being made by the applicant and agree that it is more desireable to
support and encourage non-auto travel modes by limiting parking and that the
benefit this represents to achieving the built form objectives of the official
Plan for Tradtional Mainstreets will further contribute to improving the
pedestrian focus of the area. In addition, the office use is also intended to
serve the local community. The limited
parking is a disincentive for any office use where parking is integral to their
business. Tenants using the office
space would have opportunities for their employees and clients to access the
office via other modes of transportation such as walking, transit and
bicycle.
Vehicular
access to the property is proposed at the rear of the property off Sunnyside
Avenue. This location is considered
appropriate in that it does not impact the pedestrian traffic along Bank Street
and will serve to provide for a transition area between the proposed commercial
building and residential buildings to the west. Additional landscaping will also be provided at the entrance of
the parking lot, as well as along Sunnyside Avenue to soften the overall look
of the development.
Loading
provisions are consistent with the Zoning By-law. Concerns regarding outdoor storage areas, lighting and noise are
being mitigated with the construction of an opaque fence adjacent to the
residential properties. These details will be addressed through the related
site plan application
In
summary, staff are satisified that the proposed development, that would be
accommodated through the rezoning, responds well to the relevant compatibility
critieria set out in Section 4.11.
Zoning By-law Details
The
site currently has two zone designations.
The front of the property is zoned Traditional Mainstreet with a maximum
height of 15 metres (TM2 H (15)) and the rear of the property is zoned
Traditional Mainstreet with a maximum height of 14 metres and exceptions
regarding the permitted uses and parking provisions (TM2 H (14) [98]). This exception was put in place for a
previous development proposal that has never been pursued.
It
is recommended that the entire site be placed under one TM2 zone designation
with a 15‑metre height limit and new exceptions to modify various
standards required to accommodate the proposed development. Under the
recommended TM zone, a uniform 15‑metre height limit would be established
over the property even though the proposed development is to be
10.76 metres. This reflects the
intent of the TM2 zone consistent with the policy objectives of the Official
Plan to support and encourage an appropriate level of intensification along
Traditional Mainstreets. Finally, in
addition to modifying various yard and landscaping requirements, the
recommended exceptions also include the following:
·
Allowing the ground
floor retail to occupy an area greater then what is allowed under the current
TM zone
·
Allowing for reduced
parking of 12 spaces to serve the proposed development, and
·
Limiting the use of
the rear of the site for open space or surface parking to serve the proposed
development
The proposed modifications, as discussed in preceding sections are considered reasonable and appropriate for the development proposed and will result in the proposed development advancing and achieving the objectives and policies of the Official Plan for this site under its Traditional Mainstreet designation. The development will be compatible with development along Bank Street and will be compatible with the adjacent residential community.
ENVIRONMENTAL IMPLICATIONS
Although the site has been decommissioned for a number of years, the past use of this property was a gas station. The developer has commissioned a Phase I and Phase II Environmental Site Assessment as well as a remediation strategy. Site clean up will take place at the development stage.
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.
LEGAL/RISK MANAGEMENT IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
APPLICATION PROCESS TIMELINE STATUS
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to time to review significant public comments and also due to the application being reviewed concurrently with the Site Plan application for the project, which was submitted several weeks later.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details of Recommended Zoning
Document 3 Consultation
Details
DISPOSITION
City Clerk and Solicitor, Legislative Services to notify the owner, Robert McConkey, 9 Coupal Street, Ottawa, Ontario, K1L 6A2, applicant, David Taras, Box 100, 340 Sheppard Avenue East, Toronto, Ontario, M2N 3B4, agent, Ted Fobert, FoTenn Consultants Inc., 223 McLeod Street, Ottawa, Ontario, K2P 0Z8, 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.
Infrastructure Services and Community Sustainability Department to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.
Legal Services to forward the implementing by-law to City Council.
LOCATION
MAP DOCUMENT 1
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
Proposed Changes to the Comprehensive Zoning By-law
The lands known municipally as 1080 Bank Street be rezoned from TM2 H(15) and TM2[98] H(14) to TM2[98] H(15).
Exception 98 of Section 239 be amended by deleting it in its entirety and adding the following:
Applicable Zone
-
TM2[98]
H(15)
Provisions
- Minimum interior side yard for a mixed-use building abutting a residential zone: 1.18 metres
- Minimum corner side yard: 0.5 metres
- The provisions of subclause 197(3)(i)(i) do not apply.
- A landscaped area with a minimum width of 0.6 metres must be provided along the rear lot line abutting a residential zone for a minimum 8.1 metres as measured from the interior side lot line.
- An opaque fence with a minimum height of 1.5 metres must be provided along the rear lot line abutting a residential zone for a minimum 26.9 metres as measured from the interior side lot line.
- An opaque fence with a minimum height of 2.4 metres must be provided along the interior side lot line abutting a residential zone.
- A minimum 1.8 metre landscaped buffer must be provided where a parking lot abuts a street
- Despite clause 198(2)(b) the permitted gross leasable area of a retail store is 1150 square metres
- A minimum of 12 parking spaces for the retail use and office use must be provided.
- The provisions of subsections 111(5) through (13) do not apply
- Only parking and/or open space is permitted within 20.3 metres from the rear lot line.
Proposed Changes to the former City of Ottawa Zoning By-law, No. 93-98
"That Table XV - Exception [560] of the former City of Ottawa Zoning By-law No. 93-98 is amended by adding the following provision:
- for the property known municipally as 1080 Bank the following provision also applies: Despite subsection 75(4) a parking lot must be at least 1.8 metres from a lot line abutting a public street and the resulting area must only be used as a landscaped area."
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. One public meeting was also held in the community.
SUMMARY OF PUBLIC COMMENTS FROM OCTOBER 7, 2008 PUBLIC MEETING AND IN RESPONSE TO PUBLIC NOTIFICATION
Comments In Support of the Development
1. Proposed development is preferred for the site as it is currently unappealing and largely unused.
2. Area requires a mix of some anchor stores and small independent stores that will draw shoppers to the street regularly. Currently there are lots of independent boutiques but few "daily needs" sorts of stores.
3. Need a pharmacy in the community. Will add pedestrians to visit neighbouring stores.
4. Parking should be at the rear of the property.
5. Should not be a one-storey single use building.
6. Would prefer a five-storey residential building with commercial at grade but the current proposal is satisfactory.
7. Appreciate the efforts in the proposed architecture to make the building fit into Old Ottawa South.
8. Appreciate attempt to keep compatibility with the Mayfair.
9. Reduced parking will discourage vehicular traffic and encourage walk-in traffic.
10. The development will provide jobs for residents.
Comments Opposing the Development
Comments against the developed can be grouped into the following three categories;
Issues with Zoning Proposal
1.
Zoning
should not be changed. There are rules
for a reason.
Response: The Official Plan recognizes
that the zoning in many areas of the city may require an amendment to change
the permitted use of the land. In these
circumstances, the compatibility of the proposed development must be
considered. Introducing development in
existing areas that have developed over a long period of time requires a
sensitive approach to differences between the new development and the
established area. Allowing for some
flexibility and variation that complements the character of existing
communities is central to successful intensification.
For this particular site there are currently two
zone designations. The exceptions that
exist for the rear of the site were created in response to a previous proposed
development. It is preferred to have
one appropriate zone for the entire property rather than two separate zones.
2.
Proposed
variance to increase the size of the commercial space for a single use from
600 square metres to 1201 square metres is not minor.
Response: The width of the lot is
similar to the width of many lots in the area, however this site is unique in
that it is very deep. The unique nature
of the site requires a review of the Zoning By-law provisions and how they
relate to this property. As noted above,
the Official Plan contemplates the potential need to amend the zoning of properties
to create opportunities for appropriate development that may not fit precisely
with all the provisions of the zoning for a property. In this case the single use will not dominate a section of the
Traditional Mainstreet any more than a lot similar in width that is not as
deep.
3.
A
single retail use of 1200 square metres will create a building that is out of
scale and character.
Response: Whether or not there is a single use or if there a multiple uses, the building is not as large as it could be as of right. Significant effort has gone into the design of the building to ensure that it is not out of character with the neighbourhood.
4.
Proposal
not in keeping with the City’s intensification policies by not utilizing space
underneath for storage, auxiliary space, parking, increasing height of building
etc.
Response: For this property the Zoning By-law does not determine the level of intensity beyond requiring a minimum of two storeys, which the applicant has met. The development of the site does represent intensification in relation to what exists on the site now.
5.
There
is no residential component.
Response: The Traditional Mainstreet designation permits a variety of uses on the floors above grade, which “residential” is one and “office” is another. There is no requirement specified for a residential component.
6.
Oppose
increase in height at rear of site.
Suggest By-law amendment to put a height restriction to 11 metres for
the entire site since that is all that is required for the Shoppers Drug Mart
proposal.
Response: An 11‑metre restriction on the entire site would represent a down zoning for this property. In regards to not having an increase in height for the rear of the property that is currently limited to 14 metres, a provision is being recommended that would permit only parking and/or open space within 20.3 metres from the rear lot line which represents almost all of the area currently limited to 14 metres.
7.
Change
in uses
o Do not want to permit all uses permitted under the Traditional Mainstreet designation.
o Want to maintain the non-permitted uses except for permitting what is required for the Shoppers Drug Mart proposal (i.e. office buildings on the second floor, retail use, ATM and decreased number of parking spaces).
o Oppose one designation for entire property
Response: As noted above, the exceptions that exist for the rear of the site were created in response to a previous proposed development that did not move forward. It is preferred to have one appropriate zone for the entire property rather than two separate zonings. Also with the proposed provisions to only allow parking or open space in the rear 20.3 metres of the lot ensures that no building will be located abutting the residential lands to the west.
8.
Traffic
o Safety Issues with Hopewell School being across the street
o Problems with emergency vehicles getting through
o Errors with Traffic Brief
Response: A revised traffic brief has been done and reviewed by City staff. The City has reviewed the traffic brief and concurs with the conclusions.
It is noted in the report that 50 per cent of peak hour person trips are projected to be by foot, bicycle or transit, particularly since the amount of available parking will be limited to 12 spaces. Shoppers Drugmart has indicated that they have stores in other cities with less than 12 on-site parking spaces and some with no spaces and that they work well from both a sales and traffic operations perspective.
9.
Location
of Parking
o Parking should be located as far away as possible from the back yards of the Euclid Avenue homes to minimize the noise impact on residents.
Response: The Official Plan states that for Traditional Mainstreets: “surface parking will not be permitted between the building and the street. The location of surface parking will avoid interruption of building continuity along the Traditional Mainstreet frontage and will minimize impacts on pedestrians”. In light of this policy, the rear yard is the most appropriate location for parking. A 2.4‑metre opaque fence to the north and a 1.5‑metre fence to the west are proposed to mitigate the impacts of the parking lot on adjacent residential properties.
10.
Bicycle
Parking
o Is there a sufficient amount?
Response: The Zoning By-law requires 8 Bicycle Parking spaces. Nine spaces are to be provided. However, due to site constraints a revision is required to the zoning by-law regarding the aisle to the bicycle parking spaces and the size of the parking spaces. These adjustments are considered minor and appropriate.
11.
Vehicle
Parking
o Is there a sufficient amount for both the store and the office space?
Response: The Zoning By-law requires 48 parking spaces for the building. However, the reduced number of parking spaces is in keeping with the use of the property, which is meant to primarily serve the local community. By not making it convenient to park, the development discourages patrons who would use the retail as a vehicle destination point. The office use is also intended to serve the local community. The limited parking is a disincentive for any office use where parking is integral to their business.
12.
Remediation
of the Site
o The site was formerly a gas station. Are there remediation issues for the site that have not been addressed?
Response: The site will require remediation. The proponent has / is following all the requirements of the City and the Province regarding remediation including having a Phase I and II Environmental Assessment done. In addition for Site Plan Approval a Record of Site Condition, a Designated Substance Survey and Soil Management conditions will be included.
13.
Reduction
of permitted Side Yard abutting a residential zone from 7.5 metres to
1.18 metres for a portion of the building measuring 9.1 metres
o Not minor
Response: The required interior side yard is actually three metres not 7.5 metres and the distance of the building that is not in conformance is approximately 10 metres. The majority of the building is adjacent to a commercial use (the Mayfair Theatre) where it is in compliance with the Zoning By-law. It is only the rear portion of the building that requires the variance. It is important to note that if the proponent were to construct the building to the maximum allowable, that the impacts of shadowing and view would have a much greater impact. In this context the modification is appropriate.
14.
Adjustment
to permit the location of refuse collection areas being located less than the
required three metres from any lot line
o Not minor
o Do not want refuse containers adjacent to residential rear yards
Response: The Zoning By-law does not speak to the appropriate separation distance for refuse containers that are not located within a parking lot. However, the refuse for this use is mostly cardboard and packaging and not perishables. In addition the proponent is placing a 2.5‑metre fence to mitigate the impact.
15.
Precedent
o Allowing this proposal will set a precedent for more Mega stores in the area.
Response: As noted above, the shape of this property is unique for the area. The unique nature of the site requires a review of the Zoning By-law standards and how they relate to this property. As noted previously, the Official Plan contemplates the potential need to amend the zoning of properties to create an opportunity for appropriate development that may not fit precisely with all the provisions of the zoning for a property. In this case the single use will not dominate a section of the Traditional Mainstreet any more than a lot similar in width that is not as deep.
Issues to be dealt with during Site Plan Review
The following is a list of issues that were raised that are/will be dealt with through the site plan process. The comments have been noted and reviewed in light of the Site Plan Application. In summary they concerns/comments were:
1.
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Windows on façade along Sunnyside Avenue
2.
No
Windows on Second Floor facing Residential rear yards
3.
Sidewalk
compatible with the wide ones Old Ottawa now have.
4.
Privacy
Fence adjacent to residential properties to be of appropriate height and
material.
5.
Security
Lighting impacts on residential properties
6.
Location
of garbage dumpsters
7.
Vegetation
on neighbouring lot to be protected during construction.
8.
Safety
– rear of site not to become a place of questionable and/or criminal activity.
9.
Bus
Stop location to be appropriate and loss landscaping to be mitigated in
relation to weather protection.
10.
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Friendly design for kids
11.
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space appropriately located.
COUNCILLOR’S COMMENTS
The Councillor is aware of the application.
COMMUNITY ORGANIZATION COMMENTS
Old Ottawa South Community Association has not yet taken a position on the application until they have an opportunity to meet with members of the community at another public meeting that will be scheduled sometime in early January 2009 and at that time will take a position.