Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
17 June 2004 / le 17 juin 2004
Submitted by/Soumis par : Ned Lathrop, Deputy City
Manager / Directeur municipal adjoint
Planning and Growth Management / Urbanisme
et Gestion de la croissance
Contact Person/Personne ressource : Grant Lindsay,
Manager / Gestionnaire
Development Approvals / Approbation des demandes d'aménagement
(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca
REPORT RECOMMENDATIONS
That the Planning and Environment Committee recommend Council approve:
1. an amendment to the former City of Ottawa Zoning By-Law to change the zoning of 161 Bank Street/279 Laurier Avenue West from CB F(8.0) Sch. 157 and CB F(8.0) Sch. 149 to a new CB Sch. 149 Sch. 157 exception zone, and to change the zoning of 265-269 Laurier Avenue West from CB[810] F(8.0) Sch. 158 to CB[810] Sch. 158 adding new provisions in the [810] exception to:
a) allow a transfer of density from 161 Bank Street/279 Laurier Avenue West to 265-269 Laurier Avenue West; and
b) allow 256-269 Laurier Avenue West to be treated as one lot for zoning compliance purposes; as detailed in Document 3 and as shown in Document 1.
2. a heritage easement agreement be registered on title prior to the enactment of the Zoning By-law in accordance with S. 2.5.5.15 c) of the Council Approved Official Plan to ensure that the property is kept in perpetuity and that it is maintained and insured.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l'urbanisme et de
l'environnement recommande au Conseil d'approuver :
1. une
modification de l'ancien Règlement de zonage de la Ville d'Ottawa visant à
faire passer le zonage de la propriété sise au 161 de la rue Bank/279 de
l'avenue Laurier Ouest de CB F(8.0), annexe 157, et CB F(8.0), annexe 149 à
zone d'exception CB, annexe 149 annexe 157, d'une part, et celui de la
propriété située au 265 269 de l'avenue Laurier Ouest de CB[810] F(8.0), annexe
158 à CB[810], annexe 158, d'autre part, ajoutant ainsi de nouvelles
dispositions à la clause d'exception [810], de manière :
a) à
transférer à la propriété sise au 265 269 de l'avenue Laurier Ouest la densité
prévue pour le 161 de la rue Bank/279 de l'avenue Laurier Ouest;
b) à
considérer la propriété située au 265 269 de l'avenue Laurier Ouest comme un
seul terrain afin qu'elle soit conforme au Règlement, tel qu'il est précisé
dans le document no 3 et illustré dans le document no 1;
2. la
conclusion d'une entente de servitude protectrice du patrimoine avant que le
Règlement de zonage prenne effet, conformément à l'alinéa 2.5.5.15 c) du Plan
officiel approuvé par le Conseil, afin de s'assurer que la propriété sera
conservée à perpétuité, entretenue et protégée par une police d'assurance.
BACKGROUND
The site is located east of Bank Street in the Central Area and consists of three parcels of land: 161 Bank Street/279 Laurier Avenue West (located at northeast corner of Bank Street and Laurier Avenue West) and 265-269 Laurier Avenue West (two properties extending between Slater Street and Laurier Avenue West).
These properties were formerly three separate parcels that merged under the legal ownership of The Great-West Life Assurance Company and the London Life Insurance Company.
The property at 161 Bank Street/279 Laurier Street West contains a three-storey office building that is within the Bank Street Heritage Conservation District and is considered a heritage resource. The property at 269 Laurier Avenue West is currently under construction to accommodate a 19-storey office building. The property at 265 Laurier Avenue West contains a public parking garage that is intended to be demolished to accommodate a second office building. The latter parcels of land are not designated heritage.
Surrounding uses include commercial and high-rise office buildings, as well as vacant land on the north side of Slater Street.
The purpose of the zoning amendment is to transfer the residual permitted development density from 161 Bank Street/279 Laurier Avenue West to 265-269 Laurier Avenue West. The application shows that the amount of residual development potential at 161 Bank Street/279 Laurier Avenue West is 7 203 m2. The current development potential of 269 Laurier Avenue West, the site of the new 19-storey office building, is 35 448 m2 gross floor area. The current development potential of 265 Laurier Avenue West is 28 650 m2 gross floor area.
The three parcels of land are zoned Commercial Business District (CB) with a Floor Space Index (FSI) of 8.0 times coverage. The entire lands are also subject to the height limitation planes that differ for the properties. The site at 265-269 Laurier Avenue West contains a zoning exception that places no limitation on the type of ground floor uses. The site at 161 Bank Street/279 Laurier Avenue West is multi zoned and the applicant is further applying to adjust the zoning boundary for this site creating one zone designation.
The requested zoning amendment to transfer density would therefore:
downzone 161 Bank Street/279 Laurier Avenue West to cap the gross floor area to the existing gross floor area of the heritage building. This equates to an FSI of approximately (2.23); and
upzone 265-269 Laurier Avenue West to permit a maximum gross floor area of 71 301 m2 (28 650 m2 + 35 445 m2 + residual density of 7 203 m2 ). This equates to an FSI of (8.9) which would permit a second 17 to 18-storey office building within the existing height restrictions.
The property at 161Bank Street/279 Laurier Avenue West was sold February 2004. The new purchaser of the site has provided staff with a letter acknowledging their review and support of the zoning amendment application. They have also submitted a draft heritage easement agreement.
Companion Applications:
On January 14, 2004, the Committee of Adjustment granted a consent application to resever the property at 161Bank Street/279 Laurier Avenue West from 265-269 Laurier Avenue West.
A second consent application will be filed with the Committee of Adjustment for 265-269 Laurier Avenue West to sever these properties for business/ownership reasons. As a result of this severance the applicant on June 8, 2004, amended their rezoning application requesting that the properties be treated as one lot for Zoning By-law purposes.
DISCUSSION
Recommendation 1
Official Plan Policies
The City is supporting the application as the former City of Ottawa Official Plan and the Council Approved Official Plan contain policies within the Heritage section (section 4.6.1.6 in the Council Approved Official Plan) that state that the City may permit the transfer of density potential from one site to another to facilitate the retention of particular heritage resources in those areas which have an established floor space index under the Zoning By-law, subject to a concurrent, equivalent downzoning and upzoning of donor and recipient sites, respectively.
The donor site, in this case, is 161 Bank Street/279 Laurier Avenue West which is part of the Bank Street Heritage Conservation District, extending from Gloucester to Albert Streets, and under the Zoning By-law has an established (8.0) floor space index. The existing building on the site has been identified by our Heritage Division as having significant heritage value. It was constructed as a commercial mid rise some time between 1912 and 1922 and appears to have been a purpose-built department store for Eatons Co. Ltd., who operated their Department Store and mail-order business at this location over several decades. The building continues to accommodate retail enterprises, with office space on the upper floors, demonstrating the persistent viability of Bank Street as a commercial thoroughfare.
The proposed amendment would downzone this site to reflect the gross floor area of the existing building. Such steps would ensure that this heritage resource and the streetscape along this Bank Street Heritage District are protected and preserved from possible future redevelopment plans capitalizing on the residual density on the site. The recipient property, 265-269 Laurier Avenue West, will be upzoned adding a new provision to the existing exception that would permit a maximum gross floor area of 71 301 m2 of development. The additional residual density on site represents an 11% increase.
The heritage policy in the Official Plan that addresses the transfer of density also establishes directives to maintain compatibility of scale and architectural treatment between heritage resources and new development and, where a density transfer takes place in the Central Business District, respecting the existing building height limits. It is the Department's position that the planning proposal is in full conformity with the purpose and intent of the new Official Plan. The new 19-storey office building will not impact or diminish the heritage resource on the adjacent lot, and, in the case of the 265 Laurier Avenue West, staff has been advised that any future development at this location will be constructed within the existing height limits under the Official Plan and Zoning By-law.
Elimination of the Floor Space Index from the Zoning
The existing (8.0) floor space indicies have been dropped from the zone designation as the new exceptions for the newly created zones will clearly identify and establish the amount of gross floor area permitted for the donor and recipient sites.
Existing Commitment to Provide Short-term Parking
The site at 265-269 Laurier Avenue West was formerly owned by the City of Ottawa and was used as a public parking lot. In 2003 the site was sold to the applicant. Part of the land transfer approval was the Owner's commitment to provide short-term public parking within the existing parking garage at 265 Laurier Avenue West. As the requested amendment for a transfer of density impacted the site containing the parking garage, the applicant was asked to clarify the intent of their application. In a letter to staff, dated November 28, 2003, the applicant recognizes their commitment to provide short-term parking to the City for a 15-year period and stated that redevelopment of 265 Laurier Avenue West will not occur until after that commitment has expired. If the Owner wishes to proceed with redevelopment plan sooner, then the applicant must submit a proposal to the City for Council approval.
Adjustment of Property Line
The site at 161 Bank Street/279 Laurier Avenue West is presently multi
zoned. The approval of this amendment
will adjust the north zoning boundary line for this site creating a single zone
designation for this heritage resource property.
One Lot for Zoning By-law Purposes
The properties at 265-269 Laurier Avenue West will be treated as one lot
for Zoning By-law purposes even though it is intended to sever the land for
business/ownership reasons. The
Department believes the land ideally should be developed as one parcel of land
and supports the request to treat the site as one lot for zoning compliance
purposes.
Recommendation 2
This recommendation requires that a heritage easement agreement be
undertaken. A heritage easement is the
strongest form of protection that can be obtained in respect of a heritage
matter as it provides the City with an actual legal interest in the real
property. It ensures that the heritage
resource is protected against demolition in perpetuity and ensures that the
property will be insured and maintained.
This protection is endorsed in the new Official Plan (policy S. 2.5.5.15
page 54) and goes beyond the protection under the Ontario Heritage Act, as well
as the Heritage Overlay provision under the Zoning By-law.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Information signs were posted on the site indicating the nature of the application. The Ward Councillor is aware of this application and the Councillor's comments are found in Document 4. The City did not receive any public comments or opposition to this application.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS TIMELINE STATUS
This application was processed within the timeframe established for the
processing of Zoning By-Law Amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Explanatory Note
Document 3 Details of Recommended Zoning
Document 4 Consultation Details
DISPOSITION
Department of Corporate Services, Secretariat Services to notify the owner (the Great-West Life Assurance Company and the London Life Insurance Company, 155 Queen Street, Suite 800, Ottawa, ON K1P 6L1) and applicant (Delcan Corporation, Attn: Ronald A. Clarke, 1223 Michael Street, Suite 100, Ottawa, ON K1J 7T2), All Signs, 8692 Russell Road, Navan, ON K4B 1J1, and the Program Manager, Assessment, Department of Corporate Services of City Council's decision.
Development Services Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.
Department of Corporate Services, Legal Services Branch to forward the implementing by-law to City Council and prepare the heritage agreement for 161 Bank Street/279 Laurier Avenue West).
LOCATION MAP Document
1
EXPLANATORY NOTE Document
2
The
site is located east of Bank Street and consists of three parcels of land: 161
Bank Street/279 Laurier Avenue West (located at the northeast corner of Bank
Street and Laurier Avenue West), 265-269 Laurier Avenue West (properties
extending between Slater Street and Laurier Avenue West). The site is shown as the shaded area on the
attached Location Map.
The property at 161 Bank Street/279
Laurier Street West contains a three-storey office building that is within the
Bank Street Heritage Conservation District.
The property at 269 Laurier Avenue West is currently under construction
for a 19-storey office building. The
property at 265 Laurier Avenue West contains a public parking garage that would
be demolished in the future to accommodate an office building. The latter parcels of land are not
designated heritage.
Current Zoning
The current zoning of 161 Bank Street/279
Laurier Avenue West is multi zoned; CB F(8.0) Sch.149 and CB F(8.0)
Sch.157. The current zoning of 265-269
Laurier Avenue West is CB F(8.0) Sch.158.
The Commercial Business District (CB) zone applying to the three
properties has a Floor Space Index (FSI) of 8.0 times coverage. The entire property is also subject to the
height limitation planes that differ for the properties. The site at 265-269 Laurier Avenue West
contains a zoning exception that places no limitation on the type of ground
floor uses.
Proposed Zoning
The proposed zoning would permit a
transfer of residual permitted development potential from 161 Bank Street/279
Laurier Avenue West, which is a heritage resource building, to 265-269 Laurier
Avenue West. The transfer of density (7
203 m2) in combination with the requirement for a heritage easement agreement
registered on title, is intended to save the existing heritage resource from
possible future demolition or redevelopment and from capitalizing on the
existing residual density. The proposed
amendment would also treat 265-269 Laurier Avenue West as one lot for zoning
compliance purposes, as well as adjust the north zone boundary creating a
single zone designation for the 161 Bank Street/279 Laurier Avenue site.
Should you have any question regarding the
proposed amendment please do not hesitate to call Gordon Harrison, the Planner
assigned to this application at 580-2424 ext. 13868.
DETAILS OF RECOMMENDED ZONING Document 3
In the case of 161 Bank Street/279 Laurier Avenue West, the donor site, the exception to the CB Sch.157 zone caps the permitted gross floor area to the existing gross floor area of the heritage building.
In the case of 265-269 Laurier Avenue West, the recipient site, the existing [810] exception has two new provisions added that permit an increase in gross floor area to a maximum of 71 301 m2 and permit 265-269 Laurier Avenue West to be treated as one lot for zoning compliance purposes.
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.
PUBLIC COMMENTS
No public comments were received.
COUNCILLOR’S COMMENTS
Councillor Diane Holmes provided the following comment:
"Following my meeting of 29 January 2004 with the Applicants for this proposed T-D-R, I am re-iterating my comments of 12 December 2004:
1. Before the City of Ottawa begins to process T-D-R applications, it requires a definition of a 'Heritage Resource' with established criteria for what would qualify as a donor site.
2. Simply downzoning the donor site to the existing f.s.i. is an insufficient measure to protect the heritage resource. The City has clearly demonstrated that it no longer regards f.s.i. limits as a form of development control. Therefore the donor site should be re-zoned as 'Heritage-Commercial' which will provide additional protection for the future preservation of the building. Although a Heritage Conservation District is also contemplated, this may never come to completion, and in the interim the heritage-commercial zoning would require a public hearing in order to be amended, should the future owner wish to reconsider the heritage status. The Applicants have stated that they would be prepared to agree to this condition."
Additional comments:
3. "Can a heritage easement be altered at any time with the agreement of the parties signing the easement? That is, at a future date should a future owner, or the City of Ottawa, wish to redevelop the property at 161 Bank Street - would this be possible without additional public notification?
4. Finally, if the proposed Transfer of Development Rights application is being approved by the City of Ottawa solely for the purpose of protecting the heritage resource, surely much more stringent measures were already in place with the 2000 Heritage Conservation District designation. Why was this extra step necessary?"
Response:
1. Heritage Resources are defined at the beginning of S. 4.6 page 126 of the Official Plan. The transfer of density policy then follows under S. 4.6.1.6 on page 128. While this definition is very broad, the property at 161 Bank Street is a heritage resource by being a heritage building under that definition. It was rated very highly as a Category 2 building on a scale of 1 to 4 as part of the Central Area West Heritage Conservation District Study and is part of the Bank Street Heritage Conservation District which was designated by Ottawa City Council in 2000.
2. The most stringent form of protection available to the City is a heritage easement agreement registered on title (policy S. 2.5.5.15 page 54) which protects the property against demolition in perpetuity, ensures that the property will be insured and maintained. These protections go beyond the protection under the Ontario Heritage Act, as well as the Heritage Overlay provision under the zoning by-law (separate Heritage Zoning provisions such as Heritage Commercial, Heritage Residential, Heritage Public no longer exist under the Zoning By-law).
3. It is true that the easement could be removed from title with the consent of the municipality and the owner. However, to effect any changes to the building would still require that the process be followed under the Ontario Heritage Act.
4. The proposed transfer of development rights has nothing to do with the Heritage District Designation. The reinforcement of the protection of 161 Bank Street through an easement is something we can ask for as a condition of this transfer of development rights and something the Official Plan has specifically allowed for.
COMMUNITY ORGANIZATION COMMENTS
The Bank Street BIA requested to be notified of all meetings and decisions concerning this matter.