3. ZONING – 100 BAYSHORE DRIVE
ZONAGE – 100, PROMENADE BAYSHORE
(This matter is Subject to Bill 51)
That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 100 Bayshore Drive shown in Document 1 by amending existing Exception  to permit an expansion of the shopping centre, as detailed in Document 2.
Recommandation DU Comité
(Cette question est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer le zonage du 100, promenade Bayshore, comme l’indique le document 1, en modifiant l’exception  actuelle, permettant ainsi un agrandissement du centre commercial, comme l’explique en détail le document 2.
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 23 September 2011 (ACS2011-ICS-PGM-0183).
That recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 100 Bayshore Drive shown in Document 1 by amending existing Exception  to permit an expansion of the shopping centre, as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer le zonage du 100, promenade Bayshore, comme l’indique le document 1, en modifiant l’exception  actuelle, permettant ainsi un agrandissement du centre commercial, comme l’explique en détail le document 2.
The subject property, known as Bayshore Shopping Centre, is located on the south side of Woodridge Avenue, west of Bayshore Drive, and north of the Highwaty 417. This property is located in the established Bayshore Community. The surrounding uses consist of a range of residential buildings varying from low profile townhouses, to mid and high-density apartment buildings.
The Bayshore Transit Station is located to the southwest of the site and is physically connected to the shopping centre via an enclosed walkway. The subject property is comprised of a 9.3 hectare parcel as shown in Document 1.
The existing shopping centre includes 64,885m2 of Gross Leasable Floor Area (GLFA) spread over three floors of commercial retail units. The shopping centre has two department stores, three major retailers and more than 160 commercial retail units. The existing structures and at-grade level parking create 3,470 parking spaces which includes 42 barrier free spaces. This parking supply equates to a rate of 5.35 spaces per 100m2 of GLFA.
The Owners of Bayshore Shopping Centre have assessed that sales and mall visitors have reached a plateau and are at risk of decline without reinvestment into the site. In addition, the property is aging and in need of reinvestment or a deterioration of the property is inevitable. The Owners have developed an overall reinvestment plan to ensure the long-term viability of the Bayshore Shopping Centre. The application was originally filed in July of 2008 and circulated for comment. Since that time, the applicant has revised the application to no longer propose the construction of a new parking garage and rezoning of the 0.7 hecatre parcel located to the immediate west of the site. The revised redevlopment plan will instead comprise of the demolition of the east parking structure and construction of a new east retail addition, interior renovations to the mall and the vacated retail units, the demolition and reconstruction of the northeast parking structure, and the demolition and reconstruction of the northwest parking structure. It is anticipated that this additional construction to the Bayshore Shopping Centre will begin in the spring 2012 and be completed by the end of 2016.
Purpose of Zoning Amendment
The revised application proposes to amend the existing GM24  H(19) subzone to facilitate the proposed redevelopment plan for the Bayshore Shopping Centre. The proposed amendment as shown in Document 2 will amend the existing site-specific performance standards to allow for an increase in the maximum allowable Gross Leasable Floor Area and the maximum parking ratio within 600 metres of a transit station.
The shopping centre site is zoned GM24  H(19), General Mixed-Use zone, Major Shopping Centre Subzone. The General Mixed-Use zone permits a range of commercial and service uses. Subzone 24, permits additional permitted uses including a parking garage and parking lot. Exception 433 states that the cumulative gross floor area for uses such as medical facility, office and research, development and technology are restricted to 25% of the permitted floor space index. The maximum building height is 19 metres. The existing zoning allows for a minimum gross leasable area of 35, 000 m2 and a maximum gross leasable area of 70, 000 m2. The minimum landscape buffer abutting a residential zone is 3.0 metres.
The Bayshore Shopping Centre is located within 600 metres of a rapid tranist station and as such Table 103(1) of By-law 2008-250 establishes a maximum parking rate of 4.0 spaces per 100m2 for a shopping centre.
The applicant is requesting a modification of the current exception  to allow for an increase of the maximum permitted gross leasable floor area from 70,000m2 to 100,000m2 and to increase the maximum limit of parking spaces provided within 600 metres of rapid transit stations from 4.0 spaces per 100m2 GLFA to 4.9 spaces per 100m2 GLFA when provided for a shopping centre not in excess of 86,000m2. Any increase in GLFA above 86,000m2 would require the shopping centre to provide parking at a rate of 4.0 spaces per 100m2 which is the current maximum rate as per Section 103(1) of By-law 2008-250.
The subject property is designated "General Urban Area" on Schedule “B” Urban Policy Plan of the Official Plan. Lands located within this designation are to contain a broad range of uses to facilitate the development of complete and sustainable communities. Uses will include a range of housing types, employment, retail, services, cultural, institutional etc. The policies pertaining to non-residential uses are divided into two categories: commercial uses intended to provide for the everyday needs of the residents, such as locally-oriented retail and service uses, and uses that serve a broader area. Commercial uses which serve wider parts of the city will be located at the edge of a neighbourhood and along major roads. The intent of the policies is to protect the character of residential neighbourhoods and to mitigate any possible impacts that non-residential uses may have on residential areas. Bayshore Shopping Centre is located on the edge of the Bayshore residential community and is accessed by Richmond Road, Bayshore Drive and Woodridge Crescent.
The Bayshore Shopping Centre is considered a Major Urban Facility under the Official Plan. Major Urban facilities are a permitted land use in the General Urban Area and usually service a large part of the city or the entire city, and may draw from beyond the boundaries of Ottawa. The type of uses which fall under the Major Urban Facilities category include hospitals, universities and community colleges, recreational facilities and major shopping centres, having a gross leasable area in excess of 50,000m2. When considering an expansion to a Major Urban Facility, the City shall require supporting studies such as a Transportation Impact Study, Serviceability Study and Image Analysis. In addition, the policies pertaining to the expansion of Major Urban Facilities require that consideration be given to site area requirements, density, building height and set-back requirements, adequate parking, pedestrian and traffic patterns, and the provision of landscaping and buffering.
Supporting documentation including a Traffic Impact Study, a Serviceability Study and Image Anaylsis have been prepared by the applicant for the proposed development expansion. The additional traffic generated by the proposed addition can be accomodated on the surrounding roadway system. Additional roadway infrastructure information will be required during the Site Plan Control review process to further review the impacts on the existing roadway infrastructure, and any roadway modifications required as a result of the proposal. The Serviceability Study confirmed that existing services can support the proposal.
Finally, the Image Analysis submitted establishes the contextual relationship of the proposed development in relation to the adjacent buildings. The proposed expansion will allow for the redevelopment of an important Major Urban Facility.
In addition to the policies in the Official Plan pertaining to Major Urban Facilities, the Official Plan also provides direction relating to compatibility and urban design objectives. These policies relate to providing compatible development within established areas. Section 4.11 of the Official Plan sets out policy criteria to evaluate development compatibility as it relates to building height, bulk and mass, as well as, how the development relates to scale in the context of existing surrounding area developments. The proposed addition will be located to the east of the shopping centre at the intersection of Bayshore Drive and Richmond Road. The new retail component will be a continuation of the existing roofline of the shopping centre and will have minimal impact on the residential community as it is seperated by a significant roadway system. Furthermore, since the ground floor elevation of this parcel of land is lower than the abutting roadway system, the visual impact of the addition will be minimized. The proposed development also includes the demolition and reconstruction of the parking garage at the northeast and northwest corners of the property. The parking garage will consists of five levels, however, the overall height of the existing parking garage will be maintained. New landscaping and exterior treatment of the parking garage along Woodridge Crescent will soften the streetscape and will be in keeping with the existing planting along the street. The Department is satisfied that the proposed devlopment is compatible and is in keeping with the overall massing and height of the existing structures along Woodridge Crescent and will provide for a compact development form.
Details of Proposed Zoning
Maximum Gross Leasable Floor Area (GLFA)
The maximum permitted GLFA in the Zoning By-law 2008-250 and the is 70,000m2. As part of the Bayshore Reinvestment Plan, the mall is proposing an addition to the east of the existing shopping centre. The applicant is requesting an increase in the maximum permitted GLFA to 100,000m2. During the prepartion of the 2003 Official Plan, it was considered that the shopping centres in the Central Area, specifically the Rideau Centre, were sufficiently established in the marketplace and no longer needed the protection of the gross leasable caps on the suburban regional shopping centres. Therefore, in the context of intensification policies, there is no need to restrict the gross leasable floor area to ensure market viability which is no longer set out as a policy issue in the Official Plan. The increase in the additional gross floor area is required to attract additional retailers and ensure that Bayshore Shopping Centre remains a competitive and attractive retail centre serving the western sector of the region.
Maximum Limit on Number of Parking Spaces Near Rapid Transit Stations
The Bayshore Shopping Centre currently provides 3,470 parking spaces for 64,885m2 of GLFA. This equals a rate of 5.35 spaces per 100m2 which currently exceed the Zoning By-law provisions. The applicant has been able to demonstrate through the overall redevelopment plan which includes both the short, medium and long term plans that movement towards Zoning By‑law comformity is achieveable with a reduction in the supply and rate of parking.
Upon completion of the short/medium term redevelopment plan, the Bayshore Shopping Centre will see 20,119m2 of additional GLFA added for a total of 85,004m2 which will be serviced by a total of 4,110 parking spaces. The proposed rate of net additional parking provided for the net additional GLFA is 3.18 spaces per 100m2 which is a 20% less than the maximum allowable rate. The new overall parking ratio equates to 4.84 spaces per 100m2 which is a 10% decrease from the current rate of 5.35 per 100m2. When viewed as a whole (short/medium term and long term potential redevelopment), the total number of parking spaces will be 3,650, which equates to a rate of 3.66 spaces per 100m2. This demonstrates that a parking rate that is compliant with the current By-law standard is achievable.
Given the existing high rate of transit ridership among staff and patrons, it is expected that the new daily transit ridership will increase as a result of the proposed expansion to the Bayshore Shopping Centre. The 10% reduction in the overall rate of parking and the potential increase in transit ridership meets the goals and objectives of the Official Plan in reducing parking and increasing ridership close to a rapid-transit station.
A complementary Site Plan Control Application was submitted in 2008 with the initial Zoning By-law amendment application. As the application has been revised as aforementioneda revised application for Site Plan Control is to be received and circulated for comment.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Details of the consultation can be seen in Document 4.
The Ward Councillor is supportive of this application and sees it as a benefit to the community and welcomes the economic development it will bring.
There are no legal implications associated with this report.
RISK MANAGEMENT IMPLICATIONS
The application is consistent with the Planning and Growth Management objective of investing in programs and initiatives that improve Ottawa’s business climate, support job creation and enhance the city’s social and economic prosperity.
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the additional time required for the applicant to revise the proposal and consult with the public.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Development Proposal
Document 4 Consultation Details
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning and Growth Management 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.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
a) By replacing in Column V the text “- maximum gross leasable floor area: 70,000 m2” with the text “ – maximum cumulative total gross leasable floor area for all uses: 100,000 m2”; and
b) By inserting in Column V the text “ – Despite Table 103(i), where the cumulative total gross leasable floor area for all uses does not exceed 86,000 m2, the maximum permitted number of parking spaces is 4.9 spaces per 100 m2 of gross leasable floor area”
DEVELOPMENT PROPOSAL DOCUMENT 3
CONSULTATION DETAILS DOCUMENT 4
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. Two public meetings were held during the consideration of the application. As some time had passed from the original application, a recent public meeting was held to present the revised application. The first public meeting was held on September 16, 2008, with a second meeting on September 13 2011. A summary of the comments received during the 2008 session and a staff response are found below. No comments were received during the revised circulation and subsequent public meeting in September 2011.
PUBLIC COMMENTS – September 16, 2008
1. Bayshore Shopping Centre is located in a residential area not a commercial area. The proposed development will create traffic issues on the surrounding residential streets. Christmas season is terribly busy.
Bayshore Shopping Centre is zoned General Mixed-Use zone. It is located at the edge of the Bayshore Community and is bounded by arterial roads, a collector road and the Queensway. A Traffic Impact Study has indicated that the additional traffic generated by the proposed development can be accommodated within the surrounding roadway system.
2. It is unsafe and very difficult for pedestrians to cross Woodridge Crescent. A pedestrian operated light should be installed on the west side of the vehicular entrance to the transit station.
The Department has noted the concerns expressed by the community for a safe pedestrian crossing along Woodridge Crescent. This issue will be evaluated and addressed during the Site Plan Control approval process.
3. The community wants and needs a grocery store.
A grocery store is a permitted use within the existing zoning designation. The owners of the Bayshore Shopping Center have indicated that they have tried to attract food stores to the mall without success.
4. The existing parking structure adjacent to the Zellers store is currently underutilized. Why is more parking required?
The proposal includes additional retail units, which will require additional parking. Redistribution of the traffic circulation pattern internal to the site, in addition to possible roadway modifications, will improve access to the shopping centre and to the various parking structures.
5. The proposed construction will create dust and noise problems.
The Owner has indicated that they will try to keep dust to a minimum. The Noise By-law will deal with any noise issues created as a result of the proposed development.
6. The internal circulation and access to the mall is terrible.
The Bayshore Reinvestment Plan includes roadway modifications and improvements to the internal vehicular circulation patterns, which will be reviewed during the Site Plan Control process.
7. What does Bayshore contribute to the community?
The proposed redevelopment will provide for an opportunity to ameliorate the landscaping along the Woodridge Crescent frontage. In addition, Bayshore Shopping Centre has supported non-profit organizations and has participated in a program with the Pinecrest Community Centre to provide opportunities for individuals seeking employment experience.
8. The fire exits at Bayshore are poorly planned.
All fire exits are regulated under the Ontario Building Code. The Owner is aware of the community’s concerns and will endeavour to improve the visibility of the exit signage.
9. Bicycle parking is presently minimal and located in areas that are not well lit. The site should include a green strip to separate the sidewalk and Woodbridge Crescent. Pedestrian access to the mall needs to be improved.
Detailed information such as pedestrian connections to the shopping centre, planting along the Woodridge crescent frontage, and the location of bicycle parking will be examined during the Site Plan Control process. The public will have the opportunity to review and comment on the revised site plan submission.