6. Cash-in-lieu OF PARKING – 750 bank street

RÈGLEMENT FINANCIER DES EXIGENCES RELATIVES AU STATIONNEMENT – 750, rue bank

Committee recommendations

That Council:

1. Support the objectives of the Traditional Mainstreet objectives by waiving the requirement for parking spaces at 750 Bank Street in keeping with the provisions of the Comprehensive Zoning By-law designation for this site; and

2. Waive the notice requirement for this cash-in-lieu of parking application.

RecommandationS du Comité

Que le Conseil :

1. soutienne les objectifs fixés pour les rues principales traditionnelles en renonçant à l’exigence de places de stationnement au 750, rue Bank, conformément aux dispositions de la désignation du Règlement de zonage général pour cet emplacement;

2. renonce à l’exigence d’avis pour cette demande de règlement financier des exigences de stationnement.

Documentation

1. Coordinator, Planning and Environment Committee’s report dated 6 November 2008 (ACS2008-CCS-PEC-0023).

2. Extract of Draft Minutes, 28 October 2008.

Report to/Rapport au :

Council / Conseil

6 November 2008 / le 6 novembre 2008

Submitted by/Soumis par : Robert Tremblay, Committee Coordinator /

Coordonnateur de comité

Contact Person/Personne ressource : Robert Tremblay, Committee Coordinator /

Coordonnateur du comité,

City Clerk’s Branch/Direction du greffe

613-580-2424, ext. / poste : 28828, Rob.Tremblay@ottawa.ca

Capital / Capitale (17)

Ref N°: ACS2008-CCS-PEC-0023

SUBJECT:	Cash-in-lieu OF PARKING – 750 bank street

OBJET :	RÈGLEMENT FINANCIER DES EXIGENCES RELATIVES AU STATIONNEMENT – 750, rue bank

REPORT RECOMMENDATIONS

That Council:

2. Waive the notice requirement for this cash-in-lieu of parking application.

RECOMMANDATIONS DU RAPPORT

Que le Conseil :

2. renonce à l’exigence d’avis pour cette demande de règlement financier des exigences de stationnement.

BACKGROUND

The following motion was added and adopted by Planning and Environment Committee on October 28, 2008:

WHEREAS Bridgehead Coffee Shop is currently renovating a building at 750 Bank Street to relocate from their current operation on Third Avenue;

AND WHEREAS the applicant is currently deemed to be deficient of the nine required parking spots as per the City’s site plan requirements for conversion from retail to restaurant;

AND WHEREAS the relocation of this business will not result in any increase in traffic to the Glebe community;

AND WHEREAS the purpose of the cash-in-lieu is to accommodate the establishment of a small coffee shop in a way that will advance the policy objectives for development along Traditional Mainstreets as set out in the Official Plan;

AND WHEREAS the designation of the Traditional Mainstreet applies to this area of Bank Street, which supports this manner of development objectives, in particular establishing a pedestrian based commercial core area;

THEREFORE BE IT RESOLVED that the Planning and Environment Committee recommend Council:

2. Waive the notice requirement for this cash-in-lieu of parking application.

Legal Services staff and Planning staff have reviewed the motion and its intent and have provided a suggested wording for the recommendations set out in the report to give effect to the motion approved by the Planning and Environment Committee

DISCUSSION

As noted in the motion and in the recommendation, the New Comprehensive Zoning does not require the provision of on-site parking for uses occupying a ground floor location along Traditional Mainstreets where the use occupies an area less than 150 sq.m. The proposed restaurant/coffee shop to be located at 750 bank Street will occupy an area less then 150 sq.m. However, as a result of these parking provisions of the new zoning by-law not being in full force and effect, the provisions of the former City of Ottawa Zoning By-law which requires that nine parking spaces be provided on –site for the proposed coffee shop remains in effect. Given the direction of the new zoning by-law, the proponent had made application to the Committee of Adjustment to seek exemption form providing the nine parking spaces required under the former City of Ottawa zoning by-law. As a result of the appeal period associated with Committee of adjustment decisions and the need for the proponent to enter into the lease agreement for the space to be occupied, the proponent, following the approval by the Planning and environment Committee of the above motion, also submitted a cash-in-lieu of parking application to seek relief from providing the parking required under the former Ottawa zoning. This was to enable the Planning and Environment Committee recommendation to be considered by council as the only manner in which Council could reduce the required parking would be either through a cash-in-lieu of parking application or through a zoning amendment.

CONSULTATION

Planning and Legal Services staff are aware of this motion.

The applicant was present at the Planning and Environment Committee on October 22, 2008.

FINANCIAL IMPLICATIONS

As the new rules under the Comprehensive Zoning By-law would not require cash-in-lieu of parking payments, there are no financial implications.

DISPOSITION

City Clerk’s branch to notify the owner (Tracey Clark, Bridgehead) of Planning and Environment Committee’s decision.

Legal Services to prepare the Cash-in-Lieu of Parking Agreement.

CASH-IN-LIEU OF PARKING – 750 BANK STREET

RÈGLEMENT FINANCIER DES EXIGENCES RELATIVES AU STATIONNEMENT – 750, RUE BANK

ACS2008-CCS-PEC-0023 CAPITAL/CAPITALE (17)

Moved by C. Doucet:

That the Planning and Environment Committee approve the addition of this item for consideration by the Committee at today’s meeting, pursuant to Section 84(3) of the Procedure By-law.

CARRIED

John Smit, Program Manager of Development Review, confirmed an application for cash-in-lieu of parking has not been submitted. He explained that the new comprehensive zoning by-law no longer requires parking for this type and size of premise (less than 150 square metres).

Tracey Clark, Bridgehead, indicated that a minor variance application was submitted for relief, as the former by-law required nine spaces. She expressed a willingness to apply for cash-in-lieu of parking and withdraw the minor variance application.

Tim Marc, Senior Legal Counsel, confirmed that the relevant section of the comprehensive zoning by-law was appealed and not currently in force. He advised that the motion does require Council approval, including waiver of notice provisions.

Mr. Smit confirmed the nine spaces would value approximately $27,000 under the old scheme.

Moved by C. Doucet:

WHEREAS Bridgehead Coffee Shop is currently renovating a building at 750 Bank Street to relocate from their current operation on Third Avenue;

AND WHEREAS the applicant is currently deemed to be deficient of the nine required parking spots as per the City’s site plan requirements for conversion from retail to restaurant;

AND WHEREAS the relocation of this business will not result in any increase in traffic to the Glebe community;

THEREFORE BE IT RESOLVED that the Planning and Environment Committee recommend Council:

2. Waive the notice requirement for this cash-in-lieu of parking application.

CARRIED