Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
January 5, 2007 / le 5 janvier 2007
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: |
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OBJET: |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve
an amendment to the former City of Ottawa Zoning By-law to change the
Neighbourhood Linear Commercial CN11[916]F(3.0) zone applying to 594 Rideau
Street and 165 Charlotte Street as shown on Document 1, to a new Neighbourhood
linear Commercial CN11[xxx]H(24.5) -h zone establishing new exception
provisions, a new height limit and to establish a holding designation, all as
detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement
recommande au Conseil d’approuver une modification au Règlement
de zonage de l’ancienne Ville d’Ottawa, de manière à faire passer le zonage du
594, rue Rideau et du 165, rue Charlotte, illustrés dans le Document 1, de Rue
commerçante de quartier CN11[916]F(3.0) à une nouvelle zone de Rue commerçante
de quartier CN11[xxx]H(24.5)
– h, établissant de nouvelles dispositions d’exception, une nouvelle limite de
hauteur et une nouvelle désignation d’aménagement différé, tel qu’exposé en
détail dans le Document 2.
BACKGROUND
The subject properties consist of 594 Rideau Street and 165 Charlotte Street, and are located at the southeast corner of Rideau Street and Charlotte Street. Mixed-use buildings of one to two and a half storeys currently occupy the 1524 square metre property. Abutting the property to the south, at the corner of Charlotte Street and Besserer Street is a three-storey apartment building, and east of the apartment building are three-storey townhouses. Adjacent to the east of the site is a one-storey retail strip mall. North, across Rideau Street is a four-storey heritage residential building known as the “Wallis House”. Further east on the north side of Rideau Street is a seven-storey apartment building, while to the northwest is a 14-storey apartment building. West, across Charlotte Street is a five-storey building containing laboratory, office and retail uses.
Purpose of
Zoning By-law Amendment
The applicant wishes to develop an eight-storey, mixed commercial and residential building and requires a Zoning By-law amendment pertaining to building height and density. The proposed building facilitated by the rezoning consists of a six-storey main section with two additional stories recessed back on all sides except a full-height rounded corner addressing the intersection of Rideau and Charlotte streets. The building proposal has a strong street orientation.
The subject property was recently rezoned from CN7 F(2.0) to CN11[916] F(3.0), Neighbourhood Linear Commercial Zone. The Council Approved Zoning By-law amendment stems from the recommendations of the “Uptown Rideau, Community Design Plan” approved by Council in January 2005. This Zoning By-law amendment is under appeal to the Ontario Municipal Board. The CN Zone allows uses such as bank, day care, restaurant and retail store. The CN7 sub-zone has requirements related to provisions and amenities for residential uses, and the location of parking. The F(2.0) limits the floor space to two times the lot area. The CN11 sub-zone establishes restrictions and locational requirements for certain uses and setback and building height requirements. The “[916]” exception sets dwelling unit amenity requirements. The F(3.0) limits the floor space index to three times the lot area. The maximum building height is 19.0 metres.
The applicant wishes to develop an eight-storey mixed residential and commercial building with underground parking. The area of the proposed building is approximately 6,791 square metres, with the top two floors of the building recessed. The proposed uses (commercial and dwelling units) are permitted on this site under both CN sub-zones; however, the current building design proposal requires an increase to the maximum floor space and height limits. The applicant is requesting increases in the maximum floor space index from 3.0 to 4.25 and the height from 19 to 27 metres.
DISCUSSION
1. Primary
Plan
The Official Plan (OP) designates the property
as Traditional Main Street, which applies to both sides of Rideau Street from
King Edward Avenue to the Rideau River.
The Strategic Directions objective for Mainstreet areas is that they
should develop as a mix of uses including housing, employment and shopping. Mainstreets are to be one of the primary
locations for intensification. When a related Zoning By-law amendment is
required to permit intensification, the proposed development is to be evaluated
in terms of scale, design and compatibility in accordance with the provisions
for Compatibility and Design in Section 2.5.1, which is discussed below. Provided the overall intent of the OP is
upheld, intensification and infill development is to be supported at locations
within 600 metres of a future rapid transit station. Rideau Street is designated as a Future Rapid Transit Corridor
and Transit Priority Corridor. The
recommended rezoning is in keeping with these policies of the Strategic
Approach.
The policies for compatibility of Section 2.5.1 set out Design Objectives and Principles pertaining to compatibility. Annex 3 to the OP provides an evocative Design Framework intended as a catalyst for the pursuit and consideration of a wide range of planning and design alternatives that will foster implementation of the Design Objectives and Principles. The proposed development associated with the recommended rezoning is consistent with the intent of many aspects of the Design Objectives and Principles and responds to the Design Framework as discussed below based on summaries of applicable elements of the objectives:
- Enhance
the sense of community by creating places with their own identity: the related development proposal will
help create a distinctive architectural presence at the significant corner
location of Charlotte Street, which is a Major Collector road, and Rideau
Street, while continuing the existing pattern of commercial development
facing the street. The development
will help reinforce the location as a gateway from the more vibrant Rideau
Mainstreet area into the more residential area of Sandy Hill to the south.
- Defining
quality public spaces through development: the addition of new residents
of the proposed development and the continued commercial uses will help
enliven the streetscape, while the new building will strengthen the
spatial definition of the public streetscape. The development facilitated by the rezoning will anchor a
highly visible location at an important intersection with a main entrance
addressing the corner; all parking will be underground out of public view;
and the pedestrian environment along the street will be served by at-grade
entrances and windows, and possibly patios.
- Creating
safe, accessible places which are easy to get to: the site is highly visible, with
frequent passers–by, and is adjacent to a designated high priority, future
rapid transit corridor. The
related development proposal will help facilitate wayfinding by
facilitating a more notable building at an important intersection of an
arterial and a collector road;
building and site access will be clear and directly to the street;
parking access will be from the collector road rather than the Rideau
Street arterial thus protecting a continuous pedestrian route along Rideau
Street; the development will increase the potential to provide the safety
and security benefits of “eyes on the street”; and a mix of uses will help
create a complementary activity
pattern along a transit route.
- Respecting
the character of the existing area:
the proposed continued commercial, and expanded residential uses
will complement the mainstreet environment and adjacent neighbourhood,
while the built form will evolve in a manner complimentary to the massing
and style of nearby existing and proposed buildings. The upper two floors of the related
building proposal are set back from the primary façade, and the setback is
increased to the east side in deference to the lower adjacent buildings;
the proposed architectural details proposed for the lower floor will help
create a sense of human scale; and the scale of the neighbouring building
fabric will be addressed through the height and width of he proposed
facades.
- Giving
consideration to diversity to achieve more compact urban form over
time: the development facilitated
by the rezoning will promote a more compact urban form making more efficient
use of the land, while augmenting the diverse and evolving character of
Rideau Street. The development proposal will add new housing options along
the mainstreet serving Sandy Hill and foster a mix of commercial and
residential uses;
- Promoting
environmental sustainability in development: the related development will help reduce resource
consumption by promoting residential intensification inside the Greenbelt
along a Transit Priority Corridor.
The related development proposal provides for new trees along
Rideau and Charlotte streets; the setback of the upper stories helps
retain the opportunity for passive solar gain in buildings across Rideau
Street to the north, as well as helping mitigate shadow impacts on the
sidewalks across the street.
The policies of subsection 4.4 Water and
Wastewater Servicing, require adequate services for new development. The property is adequately served by water
and sanitary sewer facilities to support the level of redevelopment fostered by
the recommended rezoning. However,
existing storm sewer facilities serving the property are not adequate to
support the redevelopment. Improvements
to the storm sewers serving the area are anticipated to be undertaken in 2012. The “h” provisions of the proposed rezoning
restrict the implementation of the new zoning until such time as the required
storm sewer improvements have been satisfactorily completed.
Subsection 4.6 Cultural Heritage Resources
requires consideration of the compatibility of the proposal with adjacent
heritage resources in the review of Zoning By-law amendment applications. Directly across Rideau Street to the north
is a designated heritage building and adjacent to the south is a structure on
the City’s Heritage Reference List. The
related development will respect the massing and width of the designated
heritage building across Rideau Street, will be in keeping with the set back
pattern and building orientation along the street, will cause minimal shadowing
on heritage properties, and will have underground parking thus having minimal
impact on the adjacent heritage resources.
Section 4.11 Compatibility, provides further
compatibility policy for the review of development applications involving an
increase in height or density. Factors
to be considered include traffic impact, vehicular access, parking, building
height and mass, community patterns, outdoor amenity provisions, loading areas,
sunlight, and supporting neighbourhood services.
- Site
access will be on to a major collector roadway, Charlotte Street, via a
right-in and right-out only access leading directly to Rideau Street, an
arterial roadway. Both roadways
have adequate capacity for the potential increased traffic stemming from
the rezoning. There is no
reduction of parking requirements in the recommended rezoning, and the
related development proposes parking in excess of minimum zoning
requirements.
- The
proposed eight-storey building facilitated by the rezoning has a strong
street orientation and is considered compatible with the height and mass
of the nearby existing five to 14-storey commercial and residential
buildings along Rideau Street. The
required 7.5-metre building set back and recessing of the upper floors
addresses the change in height to the lower adjacent residential buildings
facing Besserer Street and one-storey commercial buildings to the east
along Rideau Street.
- The
balconies of the proposed apartments are recessed into the building, thus
diminishing the potential for overlook into private amenity areas of the
adjacent residential area to the south; and landscape screening will
provide further visual buffering at grade level.
- Loading
and service areas to serve the related development will be inside the
building away from existing residential areas.
- Shadow
studies of the effect of the recommended maximum height increase show
there will be minimal impact on adjacent residential areas.
- Supporting
neighbourhood services in the area are considered adequate to meet the
potential increased demand generated by the rezoning.
2. Sandy
Hill Secondary Plan
The land use policies of the Sandy Hill
Secondary Plan for Mainstreet Mixed-Uses are applicable to the subject
lands. These policies are as follows:
- To transform Uptown Rideau into a vibrant and
charming community mainstreet,
- To permit mid-rise buildings and a mix of land uses,
- To provide a transition strategy between the
mainstreet and the surrounding lower profile neighbourhoods, and
- To provide high quality architecture, pedestrian-friendly sidewalks and a fully integrated roadway for transit, pedestrians, cyclists and motorists.
The recommended
rezoning will foster a development consistent with the intent of these
policies. New residential units and
continued commercial development will contribute to a vibrant mainstreet. The proposed eight storeys is considered a
mid-rise building, and the set back of the upper two stories provides for a
transition to the lower existing
residential buildings to the south. The commercial development and
streetscape improvements proposed at grade level will help promote a pedestrian
friendly sidewalk environment.
Uptown Rideau Community Design Plan
The Uptown Rideau Community Design Plan (URCDP)
was adopted as Council policy in January, 2005 (but is not part of the OP) and
is part of the policy basis of the current CN11[916] F(3.0) zoning. The URCDP stresses the need
for development that is compatible and complementary to the needs of the
adjacent residential neighbourhoods with a mix of uses stimulating a vibrant
pedestrian environment. The URCDP
recommends a maximum building height for the subject property of three to six
storeys to accommodate mid-rise buildings. The Design Planning Principles of
the plan pertaining to appropriate building height, in sub-section 4.2.2, cite
the need to consider pedestrian comfort in relation to building size, not
causing the alienation of upper floor residents from ground level sidewalks,
protection of sunlight to sidewalks, reflecting the dense urban fabric along
the street and the proximity to downtown, and complementing the built heritage
of the area. Sub-section 4.2.3 of the
URCDP indicates that minor variations can be considered without modification of
the plan, and in sub-section 4.2.13 that the quality of a project design may
justify the minor relaxation of the height and setback provisions of the plan.
The development concept associated with the
rezoning does addresses the factors dealing with the pedestrian environment and
sunlight, provides for amenity spaces oriented to the street for future residents,
is appropriate given the density in the area and the proximity to downtown, and
is complementary to nearby heritage buildings.
The proposed development facilitated by the proposed rezoning is
considered to be in keeping with the intent of the URCDP, and the recommended
holding provision requires approval of the project design through the site plan
control process prior to lifting the holding provision.
Summary
Overall, the recommended rezoning to
accommodate the proposed development is considered to be in keeping with the
intent of the OP policies for Traditional Mainstreets, the compatibility
policies of Section 2.5.1, policies of water and wastewater servicing, policies
of subsection 4.4, heritage policies of subsection 4.6. and the compatibility factors
of sub-section 4.11 and is considered to be in keeping with the policy
directions of the Sandy Hill Secondary Plan and the directions for development
set out in the Rideau Street Community Design Plan.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Information signs were posted on-site indicating the nature of the application. The Ward Councillor is aware of this application and the staff recommendation. A summary and discussion of the responses to the public notification is included in Document 4.
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 the complexity of the issues associated with servicing,
access and project design.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended zoning
Document 3 Conceptual
Building Design
Document 4 Consultation
Details
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, Richcraft Group of Companies, 201 - 2280 St. Laurent
Boulevard, Ottawa, K1G 4K1, applicant, Roderick Lahey Architect Inc., 200-1501 Carling
Avenue, Ottawa, K1Z 7M1, 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.
Corporate Services Department, Legal Services
Branch to forward the implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
The lands shown on Document 1 are rezoned from "CN11[916]F(3.0)" to "CN11[xxx] H(24.5)", with a holding designation as described in clause 1(9)(e) of By-law 93-98, that only can be lifted upon the satisfying the following requirements:
1. The combined sewer system serving the site has been improved or replaced to the extent necessary to facilitate the increased sewers capacity requirements that would be generated by development of the property in accordance with the full potential of the provisions of the amended zoning, and
2. A site plan control application has been approved, including architectural elevations, for a mixed use development on the property;
The following exceptions will apply to the new CN11[xxx] H(24.5)
zone for the property shown on Document 1:
- the minimum front yard adjacent to Rideau Street above the sixth floor level shall be 3.0 metres,
- the minimum interior side yard above the sixth floor level shall be 3.0 metres,
- the minimum rear yard adjacent to an R zone above the sixth floor level shall be 10.5 metres.
CONCEPTUAL BUILDING DESIGN 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.
PUBLIC COMMENTS
Carleton Condominium Corporation # 586
At the request of the Carleton Condominium Corporation # 586, a meeting was held by the Ward Councillor to discuss the application.
General Public
The following is a summary of the comments received from the general public regarding the proposed rezoning and the staff responses:
1. Comment: Any new development on the south side of Rideau Street must fit with the existing commercial and residential “landscape”, the heritage character of the area, and especially adjacent Besserer Street. The “spiky” protrusions over the door and the green rounded front glass of the related building proposal are out of character; a stone or concrete element over the door more in keeping with the architectural features of Wallis House would be preferred. It would be a shame to lose the unique chicken restaurant on the site to be replaced by a condominium; the restaurant is part of the special ambiance of Sandy Hill.
Response: The development proposal will be reviewed through a future site plan control application, and as per the holding provisions of the recommended rezoning, the provisions of the amendment will not come into effect until such time as the related site plan, including building design drawings, have been approved by the City. The related proposed building is considered to be in keeping with the commercial, residential and heritage characteristics in the neighbourhood, and will not preclude a restaurant use on the site.
2. Comment: There are already a number of ugly apartments in the area and another nine stories will only compound the traffic, noise and garbage issues, while reducing the sunlight penetration to the streets. A five-storey building is acceptable, but nine is not.
Response: The recommended rezoning is for an eight-storey building with the upper two stories setback. The effects of the added development potential resulting from the rezoning on traffic and noise are considered minimal, while garbage storage will be required to meet City standards through the site plan approval process. There will be a minor increase to the loss of sunlight on the adjacent streets, especially close to the winter solstice.
3. Comment: The Rideau Street Redevelopment Working Group, consisting of the residential and business representatives spent a lot of time working toward the consensus that a six-storey height limit was appropriate and the right scale for this part of the street and this effort, which ended with the Uptown Rideau Community Design Plan, should not be compromised, which would also draw into question the whole value of community consultation. The existing six-storey height limit mitigates the negative impact of higher density and buildings on the adjacent low-rise, low-density community and any change marginalizes the property rights of abutting residents. A building on this site should not exceed the height of the Wallis House heritage building across Rideau Street to the north.
Response: The recommendations of the Uptown Rideau Community Design Plan contemplates variations from a six-storey height limit in sections 4.2.3 and particularly 4.2.13 in response to good design; the holding provisions of the recommended rezoning require approval of a related site plan, including building design drawings, prior to the rezoning coming into full affect. The rezoning will not impact the property rights of abutting residents. The proposal is considered to be compatible with Wallis House to the north.
4. Comment: A meeting should be held with immediate neighbours to discuss this proposal.
Response: Councillor Georges Bédard held a meeting with most of the adjacent neighbours in January, 2006.
5. Comment: The developer has not provided a justification as to why it is not viable to build under the current zoning other than the chance to make more money.
Response: The financial aspirations of applicants are not a land use planning consideration, nor germane to the evaluation of a rezoning application.
6. Comment: The vehicular access from Charlotte Street planned for the related building proposal will not work due to existing traffic congestion along Charlotte Street north from the Rideau Street intersection, which already makes access from Besserer Street in both directions impossible during rush hour; vehicular access to Rideau Street should be considered as an alternative. The separation distance used in the traffic report for the proposed Charlotte access to the Rideau street intersection seems incorrect. The potential use of Rideau Street for mass transit should be recognized in the related traffic impact study. The traffic impact study should be corrected or re-assessed pertaining to: the Rideau/Charlotte intersection configuration and the related signalization sequences, on-street parking provisions, off-street parking conditions on adjacent properties, and local street turning and directional regulations.
Response: The traffic impact study for the related development has been amended to address the public comments. The access to Charlotte Street will be considered in more detail through a related site plan control application, but will be limited to right-in and right-out only and is considered the most appropriate location given the Mainstreet and Transit Priority Corridor designations along Rideau Street.
7. Comment: The applicants do not have rightful ownership of the 594 Rideau Street portion of the site.
Response: Any challenge to historic property ownership rights or transactions is a civil matter.
COUNCILLOR’S COMMENTS
Councillor Georges Bédard is aware of the application, organized a meeting with adjacent residents and has formally requested that delegated approval authority be withdrawn from staff for the future related Site Plan Control application.
Response
Staff attended the meeting with adjacent residents and will submit any related site plan applications to Planning and Environment Committee for a decision, unless delegated approval authority is reinstated.
ADVISORY COMMITTEE COMMENTS
Local Architectural Conservation Advisory Committee (LACAC)
LACAC provided the following comment:
“The
Local Architectural Conservation Advisory Committee (LACAC), which is
mandated to advise City Council on matters relating to Ottawa's Heritage
(pursuant to the Ontario Heritage Act), specifically on issues of built
heritage, including cultural heritage landscapes, reviewed the noted
application and submits the following:
As this proposed application does not conform to the principles set out in the Uptown Rideau Community Design Plan, LACAC recommends the City of Ottawa not permit the rezoning both in terms of the proposed FSI and increased building height. Under the current zoning, the present FSI is 3.0. The application is to revise this to 4.25 and to increase the building height from 18 to 27 meters. LACAC believes that the principles of the Uptown Rideau Community Design Plan must be respected, specifically the following clauses.
4.2 Built Form
Consistent Height to Frame the
Street
4.2.3
The maximum building heights
selected as a best fit for Uptown Rideau are mid-rise, 5-6-storey heights. The
reduced height to 5 storeys reflects the narrowing of the existing right-of-way
from west to east. Except for minor variations, applications that are received
by the City to modify the height provisions shall not be considered without
modifying this Plan.
4.2.11
For corner lots that front on Rideau
Street, building setbacks shall be established: i) that provide space for
corner patios or plazas; ii) that allow the corner building to act as a buffer
between Rideau Street and the quieter side streets; iii) that provide
transitional sidewalk widths that link wide and narrow sidewalks in a seamless
fashion; and iv) to define an interesting and logical edge to the sidewalks
along the street.
Neighbourhood Transition
4.2.17
For intensification to be
successful, future development in the Uptown Rideau area must respect the
character of the surrounding residential community. Building heights should
generally be required to step down, as a transition, from the higher building
heights along Rideau Street to the lower building heights on the adjoining
residential streets
4.2.18
Transition building heights apply to
properties on the south side of Rideau Street between Chapel Street and the
Cummings Bridge and to any other properties where higher buildings abut
residential lots with lower maximum building heights. In such cases, a 3.0 m
setback shall be applied above four storeys, where the maximum height is
6-storeys and after three, where the maximum height is 5-storeys. The lower
storeys shall be setback 7.5 m when the property faces the rear yard of the
abutting residential lot and 3.0 m when it faces a front/side yard.”
Response
The recommended rezoning provides
for an increase in height of 24.5 metres rather than the originally requested
27 metres, to allow for an eight-storey building rather than nine storeys. The performance standards included in the
rezoning preclude the need to impose a maximum Floor Space Index (FSI). The Uptown Rideau Community Design Plan (URCDP) stresses the need for
development that is compatible and complementary to the needs of the adjacent
residential neighbourhoods with a mix of uses stimulating a vibrant pedestrian
environment. The URCDP recommends a
maximum building height for the subject property of three to six storeys to
accommodate mid-rise buildings. The Design Planning Principles of the plan
pertaining to appropriate building height, in sub-section 4.2.2, cite the need
to consider pedestrian comfort in relation to building size, not causing the
alienation of upper floor residents from ground level sidewalks, protection of
sunlight to sidewalks, reflecting the dense urban fabric along the street and
the proximity to downtown, and complementing the built heritage of the
area. Sub-section 4.2.3 of the URCDP
indicates that minor variations can be considered without modification of the
plan, and in sub-section 4.2.13, that the quality of a project design may
justify the minor relaxation of the height and set back provisions of the plan.
The development concept associated with the rezoning
does addresses the factors dealing with the pedestrian environment and sunlight,
provides for amenity spaces oriented to the street for future residents, is
appropriate given the density in the area and the proximity to downtown, and is
complementary to nearby heritage buildings.
The rezoning does require stepping back the upper two
floors of the building, but at a greater high considered to be in keeping with
the important corner location and the height of nearby existing buildings; this
is considered to be a minor relaxation of the plan provisions. The proposed development facilitated by the
proposed rezoning is considered to be in keeping with the intent of the URCDP,
and the recommended holding provision requires approval of the project design
through the site plan control process prior to lifting the holding provision.